What is the test for disqualification of an attorney for failing to disclose attorney-client information?
California, United States of America
The following excerpt is from Payan v. Superior Court of San Diego Cnty., D067852 (Cal. App. 2015):
his representation of that party is adverse to the interest of a current or former client, it must first be established that the party seeking the attorney's disqualification was or is 'represented' by the attorney in a manner giving rise to an attorney-client relationship."'" (Shen v. Miller (2012) 212 Cal.App.4th 48, 56.)
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