What does "dual representation" refer to?

Dual representation specifically refers to the scenario in which an attorney represents two clients in the same legal matter. This situation requires careful consideration of potential conflicts of interest, as the interests of the two clients may not align. For an attorney to ethically engage in dual representation, they must ensure that both clients provide informed consent after full disclosure of the risks involved. This consent should stem from a comprehensive understanding of how the clients' interests could potentially diverge and the implications this may hold for the attorney's ability to represent each client's best interests effectively.

In contrast, representing one client across multiple matters does not fall under the definition of dual representation, as it involves only one client's interests and does not introduce the complexities that arise from representing co-clients. Having an associate represent a client pertains to delegation of responsibilities within a firm but does not relate to the concept of dual representation. Finally, representing a client and the opposing party presents an inherent conflict of interest and would typically violate ethical guidelines, making it a distinct and inappropriate situation outside the concept of dual representation. Understanding the nuances of dual representation is critical for maintaining professional conduct and ensuring client trust.