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Flatt v. Superior Court

Citations

  • 885 P.2d 950
  • 9 Cal. 4th 275
  • 36 Cal. Rptr. 2d 537
  • 94 Daily Journal DAR 18189
  • 94 Cal. Daily Op. Serv. 9809
  • 1994 Cal. LEXIS 6585

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that “[e]ven though the simultaneous representations may have nothing in common, and there is no risk that confidences to which counsel is a party in the one case have any relation to the other matter, disqualification may nevertheless be required”
  • as to a former client, “the governing test requires that the client demonstrate a ‘substantial relationship’ between the subjects of the antecedent and current representations.”
  • “Indeed, in all but a few instances, the rule of disqualification in simultaneous representation cases is a per se or ‘automatic’ one.”
  • even though the simultaneous representations may have nothing in common, and there is no risk that confidences from one client may be used against that client, disqualification is virtually automatic
  • where attorney successively represents clients with potentially adverse interest, chief concern is confidentiality; test of disqualification is whether there is a “substantial relationship” between the subjects of those representation
  • discussing requirement of informed written consent

Source: CourtListener parenthetical corpus (CC0).

Judges: Arabian, Kennard

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.