What is the test for establishing a conflict of interest?
California, United States of America
The following excerpt is from People v. Williams, S073205 (Cal. 2015):
To successfully establish a conflict of interest, "defendant must show the existence of an actual or potential conflict 'that adversely affected counsel's performance.' [Citations.] A conflict of interest may arise if counsel's former client is a prosecution witness in the case against the defendant. [Citations.] This is because counsel's duty not to reveal confidential information acquired during the attorney-client relationship creates conflicting obligations to multiple clients that 'effectively seal[s] his lips on crucial matters.' [Citation.] As we recognized in People v. Cox (2003) 30 Cal.4th 916, 949, however, courts have held that no
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actual or potential conflict of interest arises when the attorney does not possess such confidential information." (People v. Clark (2011) 52 Cal.4th 856, 983-984.)
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