Had a situation this week where defense counsel was representing two guys charged with same crime. Judge gave admonishments, I asked a couple questions too, defendants waived any conflict. One took a deal, one went open.

I think we did what we can to protect the cases. Does anyone have a good admonishment script they could send me so we don't have to do it on the fly next time?

I hate it when the other side does this.

Always an uncomfortable spot. Because, if the defense lawyer is wrong, only the victim suffers from the reversal and retrial.

Proposed new ethics rules make some inroads into providing more specific guidance for helping lawyers recognize when these conflicts exist. But the problem will always be in the notion that a defendant, who may or may not be able to appreciate the conflict, can waive it.

It is difficult to come up with a script, because the script would focus on whatever conflict that is presented by the details of an individual case. Often, those conflicts depend on the types of defenses or evidence available. Sometimes, the conflict will not become apparent until mid-trial. So, the judge ends up saying something uselessly vague as a warning.