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My girlfriend and i were in an car accident. Should we use the same lawyer?

Douglasville, GA |

it was her car i was the passenger

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Attorney answers 11


Generally- it is permissible to use the same lawyer. However, if the at fault driver has a CSL policy then that lawyer has a conflict of interest. Other situations could present a conflict as well. I would suggest asking that lawyer if he/she feels that a conflict exists and I would also consult with another lawyer for a second opinion.


Generally you should have your own separate lawyer. You may have claims against her and her insurance, and there are possible other conflicts of interest. If you do not have an attorney yet, feel free to call me at 404-768-3509. Do not make any statements to the other driver's insurance, or to your friend's insurance.

If you find this answer helpful, please mark it here on AVVO as helpful. In answering you, I am attempting to communicate general legal information and am not representing you (and am not your lawyer). Do feel free to call me at 404-768-3509 if you wish to discuss actual representation (the phone call also does not retain counsel; that requires an office visit and appropriate paperwork). In that a forum such as this provides me with limited details and doesn't allow me to review details and documents, it is possible that answers here, while meant to be helpful, may in some cases not be complete or accurate, and I highly recommend that you retain legal counsel rather than rely on the answers here. (You can also email my office at . An email also does not retain my office, but can help you get an appointment set if you prefer not to call). I am happy to discuss possible representation with you. Any information in this communication is for discussion purposes only, and is not offered as legal advice. There is no right to rely on the information contained in this communication and no attorney-client relationship is formed. Nothing in my answer should be considered as tax-advice. To ensure compliance with IRS Circular 230, any U.S. federal tax advice provided in this communication is not intended or written to be used, and it cannot be used by the recipient or any other taxpayer (i) for the purpose of avoiding tax penalties that may be imposed on the recipient or any other taxpayer, or (ii) in promoting, marketing or recommending to another party a partnership or other entity, investment plan, arrangement or other transaction addressed herein. I am also required to advise you, if your question concerns bankruptcy, that the U.S. Congress has designated Ashman Law Office as a debt relief agency that can help people file bankruptcy.


Having the same lawyer is not generally recommended. As noted by other counsel in response, there may be issues as to her operation of the vehicle. There may also be a a conflict in regards to division of any settlement. Having the same attorney does not reduce costs if that is a concern.

The above is not intended as legal advice. The response does not constitute the creation of an attorney client relationship as this forum does not provide for a confidential communication.


Generally, you probably want to have your own counsel to avoid a potential conflict of interest.

Greg Pope is licensed to practice law in the State of Georgia and nowhere else. This post is intended to provide general information only about questions arising under Georgia law. Our firm does not intend to represent anyone desiring representation in a state where this website fails to comply with all laws and ethical rules of that state. No recipient of content from this site, client, whether current or otherwise, should act or refrain from acting based on information at this site. The Pope Law Firm expressly disclaim all liability in respect to actions taken or not taken based on any or all of the contents of this site. Note: Nothing in this website creates or establishes an attorney-client relationship.


Its better to have separate attorneys. I agree with my colleagues - better safe than sorry.

The above is general information only and is not legal advice. The information provided does not form an attorney-client relationship, and should not be relied upon to take or refrain from taking any action. I am not your attorney until we sign a retainer agreement.


If you and a passenger are in a car accident and both suffer injuries, then you can retain a lawyer. If it is alleged the driver is comparatively at fault, then the same lawyer cannot represent the passenger and driver in the same lawsuit. This is a conflict of interest. In certain states, this conflict cannot be waived.

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Always a very bad idea.


Not recommended for number of legal reasons too long to go into in this forum. If you or she were injured, speak separately to different personal injury attorneys. This office would be happy to offer a free consultation if you contact us through our website at

Disclaimer: This response is provided to you for educational and informational purposes only and no attorney-client relationship has been created hereby. Other attorneys may have different opinions or responses. If you found this response helpful, please indicate Best Answer to Avvo. Thank you.


If you are a passenger in an accident and the passenger and driver want to obtain the same attorney, there must be no conflict of interest. Commonly, a conflict occurs between the driver and passenger if there are any allegations of fault against the driver. Another issue is whether there is limited insurance such that the driver and passenger will be fighting over the same insurance money. Call a local attorney in your area and discuss the issue.

24 Hour Attorney Call Center (314) 361-4300 or visit us on the Web at


If your girlfriend was not responsible for the collision, then there is no problem using the same attorney. However, if your girlfriend was responsible, then there is a direct conflict of interest and separate attorneys are required.


I represent drivers and passengers in vehicles of the same accident all the time. I don't see a problem with it. Typically, you will both be on the same claim with the at-fault's insurance anyway.

If this information has been helpful, please mark it as "Best Answer" or "Helpful". For more information, contact Joe Lariscy's office at or (706) 353-7722. Our office offers a free 60-minute consultation to discuss your case. Joe Lariscy is only licensed to practice law in the state of Georgia. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable.

Joseph E. Lariscy III

Joseph E. Lariscy III


This only applies if you are NOT at fault. Otherwise, I agree with the above responses, as it would create a conflict of interest.

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