If a husband and wife want councel present before being ‘interviewed’ by police, can they hire just one attorney or would they need to have seperate councel, in Colorado?

Being that husband and wife can not be forced to testify against each other,can they share the same attorney? What if they are both going to be witnesses in a trial?

Asked on February 26, 2016 under Criminal Law, Colorado


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Legally, they can have the same attorney, though if there is any chance that the interests of one are adverse or hostile to the interests of the other (e.g. that one could avoid jail time by testifying against the other), the lawyer would have to disclose that possible conflict and get their signed written consent or agreement to the joint representation.

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