Conflicts, Disqualification, Bad Faith Assignments

WHEN ATTORNEY CONDUCT IS AT ISSUE
Legal Ethics, State Bar Defense, and Expert Witness Testimony

Conflicts of Interest

There are overlaps and differences among conflicts of interest, disqualification, joint clients, and divergence.

We analyze 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.

Conflict Consents

When there is a conflict of interest, California requires a written consent to accept or continue representation. A one liner won't do.

When there is no conflict of interest, a conflict consent muddles the waters. But when there is no conflict, it is usually advisable to have a written description of the pros and cons of joint client representation.

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.

When a plaintiff and defendant agree to pursue defendant's insurance carrier for bad faith, the ensuing relationship is complex. You are acquiring two clients with multiple conflicts of interest. Only some causes of action are assignable but all must be pursued at once. The conflict consent is going to be accompanied by two fee agreements. We've done this before; have you?

Contact Us

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.