Is a government attorney's duty of loyalty outweigh the right to petition the government?

California, United States of America


The following excerpt is from Santa Clara County Counsel Attorneys Ass'n v. Woodside, 12 Cal.App.4th 1543, 15 Cal.Rptr.2d 898 (Cal. App. 1993):

Nor are we persuaded that this duty of loyalty is outweighed by Association members' constitutional rights. Association contends the First Amendment right to petition the government for the redress of grievances protects the act of filing a lawsuit against a governmental entity. There is no merit to this contention. While the right to file a lawsuit is included within the right to petition (City of Long Beach v. Bozek (1982) 31 Cal.3d 527, 183 Cal.Rptr. 86, 645 P.2d 137), there are numerous procedural and substantive requirements (e.g., statutes of limitation, sanctions) which not only limit this right, but also prohibit entire classes of potential plaintiffs. Similarly here the government attorney's duty toward a client clearly outweighs his or her First Amendment right to petition the government.

Other Questions


Is a client's attorney required to repay all moneys laid out by the attorney to the attorney before the client can make a claim against the attorney? (California, United States of America)
What is a plaintiff's right to petition the government for redress of grievances? (California, United States of America)
Can an attorney who chooses to litigate in propria persona rather than retain an attorney to represent him recover attorney fees? (California, United States of America)
What is the effect of Section 815 of Government Code section 815.2 of the California Civil Rights Act on civil rights? (California, United States of America)
If an attorney's work is complete upon signing of a decree of distribution, and if so, how much work must be done by the attorney to complete the work before the attorney has to engage other counsel for the remaining 60% of his work? (California, United States of America)
What is the burden of establishing that a defendant has a right of petition or free speech in furtherance of their First Amendment rights in connection with a public issue? (California, United States of America)
What is the basis for an appeal against a finding that a petition based solely upon alleged representations by the attorney of petitioner's attorney presented insufficient grounds for granting the order sought? (California, United States of America)
Can an attorney who is sued for malpractice by a former client cross-complain for equitable indemnity against a successor attorney who has been hired to extricate the client from the condition created by the predecessor attorney? (California, United States of America)
Can an attorney litigant represented by other attorneys in his firm recover attorney fees? (California, United States of America)
Does the right to petition constitute a right to speak? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.