In a personal injury case, can an attorney's declaration of conflict be re-examined by the appellate court?

In reviewing a trial court's ruling on an attorney's declaration of conflict, we defer to the lower court's resolution of disputed facts if it is supported by substantial evidence. (People ex rel. Dept. of Corporations v. SpeeDee Oil Change Systems, Inc. (1999) 20 Cal.4th 1135, 1143.) "When substantial evidence supports the [lower] court's factual findings, the appellate court reviews the conclusions based on those findings for a abuse of discretion. [Citation.]" (Id. at p. 1144.) However, we review the superior court's decision de novo "where there are no material disputed factual issues." (Ibid.) There are no material disputed facts in the present case.

II. Right to Counsel