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Who is making the decision?
In the UK, “attorneys” usually means people appointed under a Lasting Power of Attorney or an Enduring Power of Attorney. If there is more than one attorney, the document should say how they are meant to act.
The first question is whether they must decide jointly or jointly and severally. This determines whether they have to agree on every decision, or whether each attorney can act separately.
Joint decisions
If attorneys are appointed to act jointly, they must usually make decisions together. This means one attorney cannot sign papers, arrange care, or deal with money on their own unless the document allows it.
Joint decision-making can be useful where the donor wants close oversight. However, it can also slow things down if the attorneys do not agree or are hard to contact.
Jointly and severally
If attorneys are appointed to act jointly and severally, they can make decisions together or individually. This is often more practical, especially for day-to-day matters such as paying bills or speaking to banks.
Even so, attorneys should still keep each other informed and try to agree on important issues. Acting separately does not mean they can ignore each other or make inconsistent decisions.
What happens if they disagree?
If attorneys cannot agree, they should first look at the power of attorney document. It may contain instructions about how disputes should be resolved, or when one attorney’s decision takes priority.
If the document is unclear, the attorneys should act in the donor’s best interests and try to reach a sensible compromise. For serious disagreements, it may be necessary to seek legal advice or contact the Office of the Public Guardian.
Best interests and legal duties
Attorneys must always follow the Mental Capacity Act 2005 and act in the donor’s best interests. They should consider the donor’s past and present wishes, feelings, beliefs, and values before making a decision.
They also need to keep proper records, avoid conflicts of interest, and not use their position for personal gain. If one attorney is worried that another is acting improperly, they may need to raise the issue formally.
Practical tips for attorneys
It helps to communicate regularly and keep notes of decisions. Shared records can reduce misunderstandings and make it easier to explain why a choice was made.
If the attorneys are likely to disagree, it may be sensible to have clear rules in the document from the start. A solicitor can help draft wording that makes decision-making easier and reduces the risk of disputes later on.
Frequently Asked Questions
Attorneys making decisions with more than one attorney means that two or more lawyers collaborate to evaluate facts, strategy, risk, ethics, and client goals before choosing a course of action.
Attorneys making decisions with more than one attorney often produce better outcomes because multiple professionals can identify blind spots, compare legal options, and reduce the chance of isolated judgment errors.
Attorneys making decisions with more than one attorney usually divide responsibilities by assigning research, client communication, drafting, negotiation, litigation strategy, or subject-matter review based on each lawyer’s strengths.
Attorneys making decisions with more than one attorney should consult each other when the matter is high stakes, legally complex, ethically sensitive, procedurally unusual, or likely to affect client rights significantly.
The main benefits of attorneys making decisions with more than one attorney in a firm include better quality control, broader legal insight, stronger continuity, shared workload, and more consistent client service.
Challenges can include conflicting strategy preferences, slower decision-making, unclear authority, personality conflicts, and inconsistent communication unless the team has a clear process for resolving disagreements.
Attorneys making decisions with more than one attorney maintain client confidentiality by limiting case discussions to authorized team members, using secure communication methods, and following professional conduct rules.
Attorneys making decisions with more than one attorney should watch for conflicts of interest, unauthorized disclosure, divided loyalty, improper supervision, and making decisions that do not align with the client’s informed instructions.
Attorneys making decisions with more than one attorney document their decisions through case notes, internal memoranda, meeting summaries, email confirmations, and client communications that record the chosen strategy and reasons.
Who has the final say when attorneys making decisions with more than one attorney cannot agree depends on the firm’s structure, engagement agreement, and applicable ethics rules, but client-directed choices usually belong to the client after legal advice.
Attorneys making decisions with more than one attorney communicate with clients about strategy by presenting options, explaining risks and benefits, identifying tradeoffs, and confirming the client’s informed preference.
Seniority can influence attorneys making decisions with more than one attorney because more experienced lawyers may guide analysis, mentor junior lawyers, and take responsibility for final review, though good teams still value all input.
Attorneys making decisions with more than one attorney avoid duplicated work by assigning clear tasks, tracking deadlines, sharing research, and using regular team check-ins to coordinate progress.
Attorneys making decisions with more than one attorney are especially common in complex litigation, corporate transactions, appellate work, class actions, large investigations, and matters involving specialized legal issues.
Attorneys making decisions with more than one attorney handle urgent deadlines by triaging tasks, setting rapid review checkpoints, delegating work efficiently, and ensuring at least one lawyer can act if time is short.
Yes, attorneys making decisions with more than one attorney can reduce malpractice risk because collaborative review may catch errors, missed deadlines, weak arguments, or ethical concerns before they harm the client.
Attorneys making decisions with more than one attorney preserve a consistent case strategy by agreeing on core objectives, recording strategic decisions, and ensuring all team members follow the same plan when interacting with the client and others.
Attorneys making decisions with more than one attorney work effectively when they use clear agendas, timely updates, direct feedback, shared documents, and respectful discussion of differing views.
Attorneys making decisions with more than one attorney balance collaboration with individual accountability by defining who owns each task, who reviews each issue, and who is responsible for final quality control.
A client should expect attorneys making decisions with more than one attorney to provide coordinated advice, multiple perspectives, careful review, and a clearer explanation of options, risks, and recommended next steps.
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