Conflict of interest: Difference between revisions
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It is improper for counsel in a criminal case to represent a defendant where a previous client of that attorney's office is a witness against the new client and it is reasonably foreseeable that the confidences or secrets of the former client may be, or may reasonably appear to the client to be, used. | It is improper for counsel in a criminal case to represent a defendant where a previous client of that attorney's office is a witness against the new client and it is reasonably foreseeable that the confidences or secrets of the former client may be, or may reasonably appear to the client to be, used. | ||
http://www.calbar.ca.gov/Portals/0/documents/ethics/Opinions/1980-52.htm | http://www.calbar.ca.gov/Portals/0/documents/ethics/Opinions/1980-52.htm | ||
People v. Lopez (2008) 168 Cal.App.4th 801, 808. | |||
California State Bar Fomral Opinion No. 1981-59 | California State Bar Fomral Opinion No. 1981-59 | ||
"It is improper for counsel to continue representing either defendant charged in two separate, unrelated criminal cases once counsel becomes aware that one of these defendants is attempting to become, or has become, an undercover informant against the other defendant." | "It is improper for counsel to continue representing either defendant charged in two separate, unrelated criminal cases once counsel becomes aware that one of these defendants is attempting to become, or has become, an undercover informant against the other defendant." | ||
http://www.calbar.ca.gov/Portals/0/documents/ethics/Opinions/1981-59.htm | http://www.calbar.ca.gov/Portals/0/documents/ethics/Opinions/1981-59.htm | ||
Revision as of 21:16, 17 April 2019
California State Bar Formal Opinion No. 1980-52 It is improper for counsel in a criminal case to represent a defendant where a previous client of that attorney's office is a witness against the new client and it is reasonably foreseeable that the confidences or secrets of the former client may be, or may reasonably appear to the client to be, used. http://www.calbar.ca.gov/Portals/0/documents/ethics/Opinions/1980-52.htm People v. Lopez (2008) 168 Cal.App.4th 801, 808.
California State Bar Fomral Opinion No. 1981-59 "It is improper for counsel to continue representing either defendant charged in two separate, unrelated criminal cases once counsel becomes aware that one of these defendants is attempting to become, or has become, an undercover informant against the other defendant." http://www.calbar.ca.gov/Portals/0/documents/ethics/Opinions/1981-59.htm