Heirs Hiring Separate Attorneys

Answer:

The question is, can heirs in a wrongful death claim hire separate attorneys in Idaho? The short answer is yes, but frankly there’s a much longer answer. We have represented numerous heirs in a wrongful death claim in Idaho. We represented four women in the death of their mother that was caused by a drunk driver, and what we had to tell them from the beginning is that ethical rules do not allow us to represent people who have a conflict. We told them if we received a judgment, went to trial of course, then there’s no issue; the jury awards each person the damages that they think are appropriate for that heir.

If we receive a settlement, we can’t be involved in a discussion between our clients, those four women, regarding who gets what because that would create a conflict of interest. They can decide or we can hire separate attorneys for them to decide and negotiate who gets what. Certainly, heirs in a wrongful death case can hire a single attorney, but they have to be careful about any conflicts that arise. They have to come to some sort of agreement regarding who is going to receive what portion of the settlement. If you have any questions about this, please feel free to call our offices.