Devoted to Corporate Attorneys, Corporate Lawyers, and Corporate Counsel

The following is not meant to be legal advice and may be outdated research.

According to People v. Bonin (1989) 47 Cal. 3d 808, 835, conflicts of interest broadly cover circumstances where an attorney’s loyalty, or efforts on behalf of, a client are threatened by the attorney’s responsibilities to a third person or by the attorney’s own interests.  The law does not require the showing of an action conflict.  A potential conflict suffices.  Uhl v. Municipal Court of the County of Marin (1974) 37 Cal. App. 3d 526, 531.  There is no requirement to specify what the purported conflict of interest comprises. Id.

California Professional Rules, Rule 3-320 deals with relationships between attorneys.  It involves relationships between opposing attorneys.  This rule does not mention relationships between trial and appellate stage attorneys, so it is not clear if there would be a conflict of interest if the public defender’s office represented, on appeal, a defendant who was represented below by counsel who presently represents, on appeal, a client that the public defender’s office represented below.