Does an attorney have an actual conflict of interest?
The following excerpt is from United States v. Arrington, 941 F.3d 24 (2nd Cir. 2019):
An attorney has an actual conflict "when, during the course of the representation, the attorneys and defendants interests diverge with respect to a material factual or legal issue or to a course of action." United States v. Schwarz, 283 F.3d 76, 91 (2d Cir. 2002) (quotation marks omitted). The attorney suffers from only a potential conflict when the "interests of the defendant may place the attorney under inconsistent duties at some time in the future." Perez, 325 F.3d at 125 (quotation marks omitted).
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