Flatt v. superior court 1994 9 cal.4th 275
WebAug 24, 2000 · Superior Court (1994) 9 Cal.4th 275, 279, 36 Cal.Rptr.2d 537, 885 P.2d 950.) We review the trial court's decision de novo, considering all the evidence set forth in the moving and opposition papers except that to which objections were made and sustained. Web81 Cal.Rptr.2d 425 - MORRISON KNUDSEN CORP. v. HANCOCK, Court of Appeals of California, First District, Division Four. 83 Cal.Rptr.2d 783 - IN RE MARRIAGE OF …
Flatt v. superior court 1994 9 cal.4th 275
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WebJul 30, 2008 · Superior Court (1994) 9 Cal.4th 275, 282-284, 36 Cal.Rptr.2d 537, 885 P.2d 950 (Flatt ).) In contrast, where the same attorney simultaneously represents potentially conflicting parties, the primary interest at stake is the attorney's duty of loyalty. WebApr 7, 2010 · (Flatt v. Superior Court (1994) 9 Cal.4th 275, 36 Cal.Rptr.2d 537, 885 P.2d 950 (Flatt ).) 16 In the course of its discussion, the Supreme Court distinguished the duty of loyalty, which was at issue in that case, from the duty of client confidentiality, which is at issue in cases of vicarious disqualification. To properly understand Flatt in ...
WebJul 15, 2002 · Citing Flatt v. Superior Court (1994) 9 Cal.4th 275, 36 Cal.Rptr.2d 537, 885 P.2d 950, wife argues that the dual representation on the estate plan created a conflict of interest that voids the postnuptial agreement. In Flatt, an attorney was retained by a new client to sue the attorney's existing client. The attorney was “confronted with a ... WebFlatt v. Superior Court (Daniel) (1994) 9 Cal.4th 275 , 36 Cal.Rptr.2d 537; 885 P.2d 950 [No. S031687. Dec 28, 1994.] GAIL F. FLATT et al., Petitioners, v. THE SUPERIOR … The Church argues that under Reader's Digest Assn. v. Superior Court (1984) 37 … Holy Spirit Assn. [6 Cal.4th 543] (1988) 46 Cal.3d 1092, 1107 [252 Cal.Rptr. 122, … Stanford Law School
WebMay 28, 2013 · An attorney bears two distinct ethical duties to a client: (1) a duty of loyalty, whereby an attorney devotes his or her “ ‘entire energies to his client's interests' ” (Flatt v. Superior Court (1994) 9 Cal.4th 275, 289, italics omitted), and (2) a duty of confidentiality, “which fosters full and open communication between client and ... WebJan 26, 2024 · Superior Court (1994) 9 Cal.4th 275, 284, 36 Cal.Rptr.2d 537, 885 P.2d 950 (Flatt).) In such cases, the rule of disqualification is a “per se or ‘automatic’ one.” (Ibid.) This also applies to a law firm where an attorney is currently working.
WebAn attorney-client relationship can be created by express or implied agreement. Except when created by court appointment, the attorney-client relationship may be found to exist based on the intent and conduct of the parties and the reasonable expectations of the potential client. (See, e.g., Flatt v. Superior Court (1994) 9 Cal.4th 275, 281, fn. 1
WebThe first is the per se rule of disqualification which generally prevents an attorney from undertaking a representation which is adverse to a current client. (Flatt v. Superior Court (1994) 9 Cal. 4th 275, 284 [36 Cal. Rptr. 2d 537, 885 P.2d 950].) The attorney's duty of undivided loyalty prevents such simultaneous representation, even on ... thc mg in jointWebFeb 24, 2024 · Superior Court (1994) 9 Cal.4th 275 (Flatt) and challenge the application of rule 1.7, which we address below), or the proposition that representation by Preovolos … thc mg to body weightWebWhen a conflict of interest requires an attorney's disqualification from a matter, the disqualification normally extends vicariously to the attorney's entire law firm. (See Flatt v. Superior Court (1994) 9 Cal. 4th 275, 283 [36 Cal. Rptr. 2d 537, 885 P.2d 950]. (Flatt).) thcm hospital torontoWebsought damages for legal malpractice against Flatt and her firm in the event that the court determined that the claims against Hinkle were barred by the statute of limitations. … thc micron sizeWebFeb 11, 2024 · The Supreme Court famously articulated the doctrine of automatic “per se” disqualification for conflicted representation in Flatt v. Superior Court (1994) 9 Cal.4th 275. The uncompromising language in Flatt has made it a controversial case among ethics lawyers for years. thc michiganWebDec 21, 2005 · ( Flatt v. Superior Court (1994) 9 Cal.4th 275, 283-284 [ 36 Cal.Rptr.2d 537, 885 P.2d 950].) This case involves successive representation. The trial court determined Bradley entered into an attorney-client relationship with Howard and Mark when he met with Smith, who was acting as the agent of Howard and Mark, and Smith … thc mg levelsWebFN 3. Thus, the facts here are distinguishable from those in Flatt v. Superior Court (1994) 9 Cal. 4th 275 [36 Cal. Rptr. 2d 537, 885 P.2d 950], upon which the majority mistakenly relies. There, the issue is the extent of a duty owed by an attorney to advise a new client seeking to sue an existing client of the attorney's firm. thc milligram chart