What is the burden of proving a conflict of interest between counsel and client?

California, United States of America


The following excerpt is from People v. Martinelli, A151339 (Cal. App. 2018):

present his reasons. (People v. Cole (2004) 33 Cal.4th 1158, 1190.) Appellant has the burden of proof on the issue. (People v. Young (1981) 118 Cal.App.3d 959.) A disagreement between client and his counsel over strategy or trial tactics, or the number of meetings between the client and his lawyer, does not meet this burden. (People v. Jackson (2009) 45 Cal.4th 662, 688.) After reviewing the record on this issue, we find insufficient evidence to find the relationship between client and counsel was impaired and that a valid conflict existed during the handling of this case.

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