Representing different sides of similar legal disputes is part of the profession.
Clients sometimes ask how I’ve represented plaintiffs in one partition action and defendants in another, or how I approach quiet title cases from either side of the caption. The key is understanding this: I typically don’t represent both sides of the same dispute.
I represent one side or the other depending on the facts, the merits, and whether I can advocate for that client in good faith.
However, there are some exceptions.
The Client Always Comes First
Legal representation isn’t simply transactional.
I only take on matters when I believe the client has legitimately been aggrieved. That belief drives my advocacy, whether I’m representing a plaintiff or a defendant.
While I have represented both sides in various partition and quiet title cases, there are lines I do not cross. For example, I won’t represent plaintiffs in foreclosure actions. Doing so would conflict with my values and undermine the work I’ve done protecting homeowners over the years.
Ethical Guardrails Matter
Staying within ethical boundaries isn’t optional.
For example, an attorney would need to withdraw from defending a seller after discovering evidence that they had spoken with the plaintiff earlier in the dispute.
The evidence creates a conflict that an attorney could not ignore. Under Attorney Registration & Disciplinary Commission (ARDC) rules, continuing would be improper and potentially career-ending. Stepping aside is the only permissible choice.
Why I Represent Both Sides in Certain Cases
Some legal disputes are not inherently one-sided.
In some instances, I represent both sides in real estate transactions, but only when the interests of both parties are aligned (e.g. Mom and Dad selling to their children.) I recently represented both parties to a purchase where one was buying a property for a friend who would have otherwise been homeless, but the friend was going to pay back the money for the purchase. I got a Waiver of conflict of Interest from both parties and drafted their partnership agreement and promissory Note.
Every case starts with understanding who is genuinely in the right:
- Sometimes that’s the party seeking relief.
- Sometimes it’s the party defending against an overreach.
My role is to evaluate the facts and determine where the true inequity lies.
I don’t choose sides solely based on merit.
What Happens When a Conflict Arises
When a conflict of interest is discovered, the path forward is clear: withdraw and help the client find an attorney who can step in without ethical complications.
An attorney that recognized a conflict, must seek replacement counsel and exit the case. That protects integrity, the client’s interests, and the fairness of the process.
Representing both sides of certain disputes is a reminder that legal practice requires judgment, ethics, and a sincere belief in the people you advocate for. The trust clients place in their attorneys depends on those principles.
Honoring them is what allows us to serve effectively, no matter which side of a case we’re on.
The Minchella & Associates Difference
With over 40 years of experience in Illinois real estate law, Erica Minchella has represented thousands of home sellers and buyers, landlords, and commercial and investment property owners.
For more information, schedule a consultation today.
