Will you represent the company and its employee(s) who were sued?

Possibly, but it depends on whether dual representation is allowed under the Kansas Rules of Professional Conduct.

Under Rule 1.7, a lawyer cannot represent two clients if their interests are directly adverse or if there is a substantial risk that the lawyer’s responsibilities to one client will materially limit the representation of the other. However, even if a potential conflict exists, a lawyer may represent both clients if:

• The lawyer reasonably believes competent and diligent representation can be provided to each client,

• The law does not prohibit the representation,

• The representation does not involve one client making a claim directly against the other, and

• Each client gives informed consent in writing.

In the context of a lawsuit against a company and its employee, dual representation is sometimes possible if their defenses are aligned and neither party is blaming the other. However, if their interests diverge — for example, if the company wants to argue that the employee alone was at fault, or vice versa — then dual representation would not be allowed, and separate attorneys would be needed. Before proceeding with dual representation, we will evaluate whether the necessary conditions are met and will seek informed, written consent from both parties.