What is the test for a client's right to representation that is free from conflicts of interest?

California, United States of America


The following excerpt is from People v. Cox, 280 Cal.Rptr. 692, 53 Cal.3d 618, 809 P.2d 351 (Cal. 1991):

"Included in the right to effective assistance of counsel is 'a correlative right to representation that is free from conflicts of interest.' [Citations.]" (People v. Bonin (1989) 47 Cal.3d 808, 834, 254 Cal.Rptr. 298, 765 P.2d 460.) As a general proposition, such conflicts "embrace all situations in which an attorney's loyalty to, or efforts on behalf of, a client are threatened by his responsibilities to another client or a third person or his own interests. [Citation.]" (Id., at p. 835, 254 Cal.Rptr. 298, 765 P.2d 460.)

Other Questions


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)
Is there any conflict of interest in the representation of a client who has previously been represented by the same attorney? (California, United States of America)
What is the legal test for disqualification of an attorney who represents a client with conflicting interests? (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)
What is the test for a waiver of a defendant's right to counsel without disclosing a conflict of interest? (California, United States of America)
Does a client have a right to privacy protection if they are identified as a client by their attorney? (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)
Does a defendant have a right to access counsel who is not "under a conflict of interest"? (California, United States of America)
Is there a conflict of interest in the notice and explanation of a patient's constitutional rights? (California, United States of America)
Can a client sue an attorney for malpractice arising from the representation in which the client was represented? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.