Conflicts and Disqualifications
Experienced San Francisco Bay Area Lawyers
Conflicts of Interest
There are overlaps and differences among conflicts of interest, disqualification, joint clients, and divergence.
We deal with these issues all the time. We can help you prepare a joint client disclosure, which is different from a conflict of interest consent. We can help you sort out the difference between a conflict of interest and the grounds for disqualification.
When there is a conflict of interest, California requires a written consent to accept or continue representation. A one liner won't do.
Unlike the high standard of proof for a conflict of interest, attorneys can be disqualified form representing a client if there is a "substantial relationship" with another client matter with little or no actual proof. The tests are different in concurrent client matters than cases against past clients. Ethical screens can work -- but not in all cases.
Joint Client Consents
Not all joint clients have automatic conflicts. We can help you sort it out. A joint client consent should not be the same as a conflict waiver.
We can help you prepare motions or opposing memos. If you contact us early, we can often help you avoid problems relating to conflicts of interest or disqualification.