For the GTLA folks (and others): A question was posed regarding the ability to represent a driver (who is not at fault) and passenger in that driver's vehicle. While we do not have any set policy regarding it, when the situation arises we send the passenger the following letter:
Authorization For Joint Representation
(For the Passenger)
I, MG, ask that Firm represent me in my claim for injuries received in an automobile accident which occurred in April, 2006. I also know that Firm may or will represent the driver of the vehicle I was in connection with injuries he sustained in that same accident.
Firm has explained to me that since I was a passenger in the car driven by Ss, I may have a claim against Ss if he was in any way at fault in this accident. I understand that if Ss failed to act or react as a reasonable prudent person would act or react under the same circumstances, he could be found to have caused the collision or contributed to the collision, in which event a jury could find him totally or partially at fault. This finding will likely adversely affect my right to either a full recovery or a partial recovery for my injuries. ________ (Initial)
I understand that Firm can represent the driver, Ss only if I waive any claim that I may have against the driver. ______________ Initial and date
I have been told that I should not waive any claims. I understand that if I do waive my claims against Ss, and if a jury should then determine that such person was in fact at fault in the accident, I may have waived my right of recovery against the driver for injuries and be totally unable to recover any damages for my injuries. I understand that I have an absolute right to maintain my claim against Ss and to insist that Ss find separate counsel and that Firm has told me that it is in my best interest to require that person to obtain separate counsel.
Nonetheless, understanding all of the above, I desire Firm to represent both driver and me, and for that purpose I waive any claim I may have against the driver. I have been told to read this Authorization twice and have been given the chance to do so.
This __________ day of _____________________, 200_.