Is there a conflict of interest between a public attorney and a private attorney?

California, United States of America


The following excerpt is from County Of Santa Clara v. The Superior Court Of Santa Clara County, 112 Cal.Rptr.3d 697, 235 P.3d 21, 50 Cal.4th 35 (Cal. 2010):

It is true that the public attorneys' decisionmaking conceivably could be influenced by their professional reliance upon the private attorneys' expertise and a concomitant sense of obligation to those attorneys to ensure that they receive payment for their many hours of work on the case. This circumstance may fairly be viewed as being somewhat akin to having a personal interest in the case. Nevertheless, this is not the type of personal conflict of interest that requires disqualification of the public attorneys. As this court has stated: [A]lmost any fee arrangement between attorney and client may give rise to a conflict ... The contingent fee contract so common in civil litigation creates a conflict when either the attorney or the client needs a quick settlement while the other's interest would be better served by pressing on in the hope of a greater recovery. The variants of this kind of conflict are infinite. Fortunately most attorneys serve their clients honorably despite the opportunity to profit by neglecting or betraying the client's interest. ' ( People v. Doolin (2009) 45 Cal.4th 390, 416, 87 Cal.Rptr.3d 209, 198 P.3d 11.) 13

Other Questions


When will the District Attorney's interest in the case be considered a conflict of interest? (California, United States of America)
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)
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)
Can a defense attorney who runs for a position in the prosecuting attorney's office for a very specific conflict of interest? (California, United States of America)
Does a peer review proceeding conducted by a private, not a public, private, institution need to be reviewed by a public body? (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)
Can a letter between the Attorney General and Attorney General be admitted as a public record? (California, United States of America)
Is it a crime for anyone to engage in a lewd act in any public place open to the public or exposed to public view? (California, United States of America)
What is the test for a motion to recuse a member of the district attorney's office for a conflict of interest? (California, United States of America)
How have the courts dealt with a defendant's claim that his trial attorney had a conflict of interest? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.