Superior Court
Rules Table of Contents
91-A. An attorney shall be permitted to represent more than one criminal defendant at the same trial only if counsel and the trial court have established a record, in accordance with this rule, that indicates convincingly that the potential for conflict of interest is very slight.
Counsel shall, early in the proceedings, investigate the possibility of conflict of interest between clients and discuss that possibility with each client. If counsel determines that conflict is highly unlikely and that he or she may therefore continue to represent each client, the Court shall be so notified and shall promptly convene a hearing at which the relevant facts shall be made a part of the record. Such record shall include evidence of counsel's discussion of the matter with each client, evidence of each client's informed consent to multiple representation based on the client's understanding that he is entitled to counsel representing him alone, and either a written or an oral waiver by each client of any conflict arising from the multiple representation.