What is the test for appointing an opposing attorney in a personal injury case?

California, United States of America


The following excerpt is from People v. Robinson, 53 Cal.App.4th 270, 61 Cal.Rptr.2d 587 (Cal. App. 1997):

"In exercising its discretion, the trial court should take into account not only the foregoing subjective factors, but also objective factors such as previous representation of defendant by the requested attorney in the underlying or in any other proceeding, any extended relationship between defendant and the requested attorney, the familiarity of the requested attorney with the issues and witnesses in the case, the duplication of time and expense to the county of appointing an attorney other than the requested attorney and the timeliness of the request." (Alexander v. Superior Court (1994) 22 Cal.App.4th 901, 915-916, 27 Cal.Rptr.2d 732, internal quotation marks and citations omitted.)

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