What is the difference between a conflict of interest and an actual conflict?

MultiRegion, United States of America

The following excerpt is from Valente v. Keller Williams Realty, Inc., Case No.: 1:17-cv-00218-LJO-JLT (E.D. Cal. 2017):

28 U.S.C. 455(b). Thus, "Section 455(a) covers circumstances that appear to create a conflict of interest, whether or not there is actual bias," while "Section covers situations in which an actual conflict of interest exists, even if there is no appearance of one." Herrington v. Sonoma County, 834 F.2d 1488, 1502 (9th Cir. 1987) (emphasis in original, citations omitted).

Other Questions


What constitutes an actual conflict of interest? (MultiRegion, United States of America)
What is the test for an actual 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)
Does the mere "possibility of conflict" constitute a conflict of interest in a criminal case? (MultiRegion, United States of America)
What is the test for finding that there is no conflict in circumstances where there is an actual conflict? (MultiRegion, United States of America)
Is there an actual conflict of interest when a defendant is at odds with co-defendants who were more culpable? (MultiRegion, United States of America)
Does an attorney have an actual conflict of interest? (MultiRegion, United States of America)
What is the test for an ineffective assistance claim based on a conflict of interest? (MultiRegion, United States of America)
Can a government employee be convicted under Section 208(a) of the Criminal Code of the United States for failing to disclose a conflict of interest in a particular matter? (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)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.