Under what condition can a lawyer represent multiple clients in an aggregate settlement?

A lawyer can represent multiple clients in an aggregate settlement when there is informed written consent from each client. Informed written consent ensures that all clients understand the implications of the settlement and the potential conflicts of interest that may arise from jointly representing multiple parties. This is particularly critical in aggregate settlements because the interests of the clients may not align, and a lawyer has an ethical obligation to protect the interests of each individual client.

The requirement for informed written consent comes from the principles of professional responsibility, which seek to maintain transparency and protect clients' rights and interests. This process involves fully informing clients about the terms of the proposed settlement, including how their claims and recoveries may vary and the effects of any proposed compromises.

While verbal consent might seem convenient, it does not provide the same level of documentation and clarity as written consent, which is why it is not sufficient in this context. Court permission, on the other hand, is typically not required for private settlements between clients unless there are specific legal or ethical mandates at play. Additionally, the relationship between clients does not inherently impact the ability to secure aggregate settlements; the focus remains on informed consent and ensuring understanding among all parties involved.