Is there a conflict of interest between a lawyer and a plaintiff?

California, United States of America


The following excerpt is from People v. Lopez, 271 Cal.Rptr.3d 170, 56 Cal.App.5th 936 (Cal. App. 2020):

had there been no conflict." [Citation.]" ( People v. Perez (2018) 4 Cal.5th 421, 435, 229 Cal.Rptr.3d 303, 411 P.3d 490.) " "In undertaking such an inquiry, we are ... bound by the record. But where a conflict of interest causes an attorney not to do something, the record may not reflect such an omission. We must therefore examine the record to determine (i) whether arguments or actions omitted would likely have been made by counsel who did not have a conflict of interest, and (ii) whether there may have been a tactical reason (other than the asserted conflict of interest) that might have caused any such omission." [Citation.]" ( People v. Johnson (2018) 6 Cal.5th 541, 578, 241 Cal.Rptr.3d 782, 432 P.3d 536.)

Other Questions


In a personal injury case, in what circumstances will a lawyer be required to be both a plaintiff and a lawyer who is also a plaintiff? (California, United States of America)
What is the test for establishing a conflict of interest between a plaintiff and his lawyer? (California, United States of America)
Is there any conflict of interest between a lawyer and client? (California, United States of America)
Does plaintiff have a successor in interest or a successor-in-interest? (California, United States of America)
When will the District Attorney's interest in the case be considered a conflict of interest? (California, United States of America)
Is there any case law where a plaintiff and defendant attorney have a conflict of interest agreement? (California, United States of America)
Does the privity rule apply to bind those who succeed to an interest in property where rights in the interest have been litigated to judgment by a predecessor in interest? (California, United States of America)
Does a defendant have a conflict of interest in presenting a conflicting mental state defense? (California, United States of America)
Can a plaintiff claim interest on damages for personal injury sustained by another plaintiff? (California, United States of America)
Does a plaintiff have a conflict of interest claim against a defendant in a separate lawsuit? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.