Does the silence of a defendant in a personal injury action constitute a waiver of their right to separate counsel?
California, United States of America
The following excerpt is from People v. Elston, 130 Cal.App.3d 721, 182 Cal.Rptr. 30 (Cal. App. 1982):
" 'If defendants were denied the right to effective representation of counsel, we cannot presume that the right was waived by a failure to request separate counsel. The court did not advise them of their right to separate counsel if a conflict was present, and we cannot imply from [130 Cal.App.3d 729] their silence a waiver of that right. [Citations.]' (People v. Chacon, supra, 69 Cal.2d at p. 774 [73 Cal.Rptr. 10, 447 P.2d 106.] )
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