What constitutes a conflict of interest?

MultiRegion, United States of America

The following excerpt is from U.S.A. v. Davis, 239 F.3d 283 (2nd Cir. 2000):

As we have subsequently clarified, however, not every disagreement with defense counsel amounts to a conflict of interest. See White, 174 F.3d at 296. "[I]t is to be expected that counsel will often be placed in the difficult position of having to comment on an asserted disagreement with her client, if only to inform the court as to whether she believes that she can continue the representation." Id. Consistent with the limitation recognized in White, Lopez should not be read as holding that the mere accusation of coercion, without more, is sufficient to create a conflict of interest. See United States v. Moree, 220 F.3d 65, 71 (2d Cir. 2000). In Lopez, a conflict arose when defense counsel was placed in the position of having to contradict his client in order to protect himself from allegations of malpractice and potential liability. On the other hand, and as is frequently the case, if a defendant's allegations describe only competent counsel's candid advice about the risks of going to trial, counsel will not be placed in an

Page 287

Other Questions


Does the mere "possibility of conflict" constitute a conflict of interest in a criminal case? (MultiRegion, United States of America)
What is the difference between a conflict of interest and an actual conflict? (MultiRegion, United States of America)
Does a motion to withdraw from a civil action brought by a defendant against his attorney constitute a conflict of interest? (MultiRegion, United States of America)
What constitutes an actual conflict of interest? (MultiRegion, United States of America)
Does the conflict of interest between counsel and habeas petitioner constitute a denial of the petitioner's Sixth Amendment right to counsel? (MultiRegion, United States of America)
Does a jury have to agree that self-dealing and undisclosed conflicts of interest constitute honest services fraud? (MultiRegion, United States of America)
Does the fact that an attorney's personal adversity arising from flaws in legal representation constitute a conflict of interest? (MultiRegion, United States of America)
How does a federal habeas court apply the AEDPA's "conflict of interest" test when confronted by conflicting inferences in the record? (MultiRegion, United States of America)
What is the effect of a "futile amendment" to the meaning of a constitutional amendment to the constitution in the context of constitutional issues? (MultiRegion, United States of America)
Is the need to train police officers in the constitutional limitations on the use of deadly force so obvious that failure to do so would constitute deliberate indifference to constitutional rights? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.