Emeline Hubert
Tel: 06 84 48 92 36

Dual Representation Agreement

You can ask the tradesman for clarification, but usually if you have hired the person they owe you a fiduciary duty. For example, if you have contacted a lawyer for the transaction and you are paying the lawyer, the lawyer will owe you the trust. If, on the other hand, you enter into the agreement and the other party provides a lawyer for you to interact with you, will not have the fiduciary relationship with that lawyer. Another approach is sometimes called « Golden Mean. » In this approach to dual representation, the law firm will ask the parties to sign an agreement in advance forgoing certain conflicts. This « pre-waiver » may give priority to certain interests of a client, usually the employer or petitioner. None of these approaches to the problem of dual representation on immigration is perfect. Every lawyer or law firm must choose the approach that suits them best, especially with their clients. For immigration clients, an awareness of these issues will be of great use when electing an immigration lawyer. The law firm should require at least one written representation agreement and the dual representation approach should be explained in this agreement and preferably in the first interview with the client.

A potential immigration official, who would be represented without a representation agreement, would be wise to interview other law firms. Conflicts between dual representation agreements are generally discouraged, as there is a conflict that occurs at one time or another and creates an even more serious problem. Before signing this agreement, all parties should be completely confident that they agree on how to deal with things. They should also be aware of the actions they will take in the event of a conflict and how it will be resolved. When selecting a lawyer to handle your legal matters, be sure to find a qualified business lawyer who is competent in this area and will advise you on your rights and options. Law firms have one of four approaches to the ethical problem of dual representation. Whether a client is a business, an educational institution, an EB-5 sponsor or a spouse or other direct relative of a potential immigrant, client or potential client of an immigration firm, they must be aware of the dual role of the law firm. It is important that the registry draws clients` attention to this dual representation and presents them with a representation agreement explaining the relationship between the clients, the petitioner or the beneficiary and the law firm. The decision to invest in a lawyer is an important decision. Often, people hope to save money and have a lawyer or agent represent the interests of both people on either side of a litigation. However, to do so, the lawyer must adhere to strict disclosure rules for the state in which he practices. Both parties to the conflict must be aware that there is a potential conflict, that they have the right to be represented independently, and they are generally required to sign written coverage recognizing that they have been aware of their rights.

Sometimes this agreement will be reached and both parties and the lawyer will verify and be asked to sign a conflict of the agreement on dual representation. In this agreement, you agree that a lawyer should represent both parties. If both parties pursue a similar objective, it could be a very high cost decision.


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