Catch up on past issues of the Professional Lawyer
Predicting the Future: Can You Ethically Obtain an Advance Waiver of Actual Conflicts of Interest?
We all know of lawyers who are so proficient at their craft, who are such artists in their specialties, and who have such an incredible track record that they are acknowledged to be superstars in their given area of practice. Where a client is convinced that such a lawyer is the absolute best person to represent the client, and that no other will suffice, should the duty of loyalty prevent the lawyer from accepting the client, even where the client provided informed and intentional agreement that the lawyer may later concurrently represent an adversary of the client in an unrelated case or matter? The author, founding partner of the Southern California law firm Pansky Markle Ham LLP, provides answers to this question by presenting a detailed analysis of California case law, including Sheppard, Mullin, Richter & Hampton, LLP v. J-M Manufacturing Co., Inc., which is currently pending on review before the California Supreme Court.