Is there any conflict of interest between counsel and client?

California, United States of America


The following excerpt is from Castro v. Los Angeles County Bd. of Supervisors, 232 Cal.App.3d 1432, 284 Cal.Rptr. 154 (Cal. App. 1991):

Fourth, concerning possible pressures arising during review of two DCLS counsel's work after a case is closed, disinclination to pursue a costly appeal, or reluctance to charge an opposing counsel with unethical conduct, the very language plaintiffs' brief on appeal uses in raising these points reveals their hypothetical nature. "[T]he attorney might be unwilling to take a certain litigation position ..."; " ... one can easily imagine a scenario where ..."; "A staff attorney might also be disinclined to pursue a costly appeal if...." Speculative contentions of conflict of interest cannot justify disqualification of counsel. (Kain v. Municipal Court (1982) 130 Cal.App.3d 499, 504, 181 Cal.Rptr. 751.)

Other Questions


If counsel discovered that the burglary had been reduced to a misdemeanor, and lodged an objection below, would counsel have discovered that counsel had discovered that Counsel had discovered it was a misdemeanor? (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 defendant entitled to access to counsel at trial if counsel is engaged in a conflict of interest? (California, United States of America)
What is the burden of proving a conflict of interest between counsel and client? (California, United States of America)
Is there a conflict of interest between counsel and counsel? (California, United States of America)
Does Section 170.6, subdivision (2) of the Peremptory Challenge Act require counsel to disclose the identity of the assigned judge to counsel before counsel for the moving party learns that the assigning judge has been identified? (California, United States of America)
What is the test for a client's right to representation that is free from conflicts of interest? (California, United States of America)
What is the test for a waiver of a defendant's right to counsel without disclosing a conflict of interest? (California, United States of America)
Is there a conflict of interest between counsel and defendant? (California, United States of America)
Is a prosecutor's comment that defense counsel was seeking to "distract the jury from the evidence as an attack on counsel's integrity a fair response to defense counsel's remarks? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.