Does an of counsel attorney have a conflict of interest relationship with a law firm and the attorneys affiliated with it as of counsel?

California, United States of America


The following excerpt is from People ex rel. Dept. of Corporations v. Speedee Oil Change Systems, Inc., 20 Cal.4th 1135, 86 Cal.Rptr.2d 816, 980 P.2d 371 (Cal. 1999):

The close, personal, continuous, and regular relationship between a law firm and the attorneys affiliated with it as of counsel contains many of the same elements that justify the rule of vicarious disqualification applied to partners, associates, and members. An of counsel attorney, particularly one frequently in the firm's offices or in contact with the firm's attorneys, may be consulted on a variety of matters without being formally identified as cocounsel. This close, fluid, and continuing relationship, with its attendant exchanges of information, advice, and opinions, properly makes the of counsel attorney subject to the conflict imputation rule, regardless of whether that attorney has any financial stake in a particular matter. (Cf. Cho v. Superior Court, supra, 39 Cal.App.4th at pp. 124-126, 45 Cal.Rptr.2d 863.)

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