Can access to confidential information by an attorney in the course of a second representation be presumed and disqualification is mandatory?
California, United States of America
The following excerpt is from Össur Americas, Inc. v. Lasso, G055125 (Cal. App. 2019):
can be demonstrated, access to confidential information by the attorney in the course of the first representation (relevant, by definition, to the second representation) is presumed and disqualification of the attorney's representation of the second client is mandatory. . . [Citation.].'" (Ontiveros v. Constable (2016) 245 Cal.App.4th 686, 696 (Ontiveros).)
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