EFTA00037147.pdf

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Type: Legal agreement overview / conflict of interest disclosure
File Size: 396 KB
Summary

This document is an overview of a Joint Representation and Prosecution Agreement provided by The Marsh Law Firm PLLC to potential clients who are survivors of sexual abuse. It explains the benefits and potential conflicts of interest involved in joining multiple claims against the same rich and powerful defendants. It advises clients that they are stronger as a group and references a New York Magazine article about Bill Cosby's accusers as an example of the power of collective testimony.

People (1)

Name Role Context
Bill [Cosby] Subject of Article
Referenced in a New York Magazine article title cited at the bottom of the document as an example of multiple accuser...

Organizations (3)

Name Type Context
The Marsh Law Firm PLLC
Law firm issuing the document, representing survivors of sexual abuse.
New York Magazine
Referenced in the footer regarding an article about assault victims.
Adobe
Platform hosting the document (in URL).

Relationships (1)

The Marsh Law Firm PLLC Legal Representation Clients (Survivors)
Document discusses representation agreements and joint prosecution.

Key Quotes (4)

"The Marsh Law Firm PLLC has and will continue to represent survivors of childhood and adult sexual abuse and exploitation."
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EFTA00037147.pdf
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"We recommend that, where feasible, your claims be joined in the claims or lawsuits with one or more of our clients who are pursuing claims or lawsuits against one or more of the same defendants."
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EFTA00037147.pdf
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"Some of the entities and individuals involved with sexual abuse are rich and powerful."
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EFTA00037147.pdf
Quote #3
"While it might be possible to believe that one person made up his story, when three or four or more victims come forward with the same basic story, it will be very hard to argue that everyone's story is untrue."
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EFTA00037147.pdf
Quote #4

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OVERVIEW OF THE JOINT REPRESENTATION AND PROSECUTION AGREEMENT
The Marsh Law Firm PLLC has and will continue to represent survivors of childhood and adult
sexual abuse and exploitation. The Firm's clients may, from time to time, be filing claims, including
civil lawsuits, against one or more of the same defendants. We recommend that, where feasible, your
claims be joined in the claims or lawsuits with one or more of our clients who are pursuing claims or
lawsuits against one or more of the same defendants. This requires a joint representation agreement
and an understanding of the joint prosecution of claims.
There are potential conflicts of interest that can arise when an attorney represents more than one
client with claims against the same defendant(s). Potential conflicts may also arise from joining the
claims of several clients in the same lawsuit or claim resolution process. We are required by the rules
of professional conduct that govern lawyers to fully disclose these risks and to obtain your consent
before we can represent you. This is required even if there is no actual current conflict of interest.
There are also tactical reasons for and against both joint representation and joint prosecution. This
overview discusses the potential conflicts and the pros and cons of both joint representation and
joint prosecution.
We believe that, on balance, your case will be strengthened by joining forces with our other clients
who are pursuing claims or lawsuits against one or more of the same defendants. You are encouraged
to consult with another lawyer to review this issue before you make a decision. We recommend this
because our advice concerning this issue could appear to be affected by the fact that we will
potentially benefit from having additional clients. You should be totally comfortable and make an
informed decision on this issue.
There are two separate but related issues you need to decide:
whether you will retain our law firm despite our representation of others with claims or lawsuits
against one or more of the same defendants; and
if you do retain our firm, whether you will join forces with others?
It is impossible to anticipate every possibility. Therefore, the pros and cons discussed in this overview
are illustrations based on our experience. There are undoubtedly other reasons, both for and against,
joint prosecution and joint representation that we have not anticipated, but we believe this overview
addresses the material pros and cons.
REASONS IN FAVOR OF JOINING MULTIPLE CLIENTS IN THE SAME CASE
Some of the entities and individuals involved with sexual abuse are rich and powerful. When several
individuals band together, it helps compensate for that wealth and power; you are stronger when you
are part of a group than you are alone. If multiple abuse survivors are plaintiffs in the same case, each
plaintiff's story reinforces the story of every other plaintiff. While it might be possible to believe that
one person made up his story, when three or four or more victims come forward with the same basic
story, it will be very hard to argue that everyone's story is untrue. (For a good example, read New
York Magazine's 'I'm No Longer Afraid': 35 Women Tell Their Stories About Being Assaulted by Bill
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EFTA00037147

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