The Firm Clients Call When Winning is Everything

Conflicts of Interest Can Lead to Disgorgement of Fees

Anytime an attorney represents more than one client in a matter where there is a potential for a conflict of interest, it is critical that the attorney obtain informed written consent to proceed with the representation pursuant to CRPC, Rule 3-310. Failure to evaluate and properly address conflicts of interest can result in disgorgement of fees.  See, Sheppard, Mullin v. J-M Manufacturing (2016) 244 Cal.App.4th 590.  Boilerplate conflict waivers are not sufficient.  The attorney must provide "informed written consent" which requires a description of the factual scenario creating the potential (or actual) conflict of interest.  It has always been important to evaluate conflicts of interest, but now there is clear precedent supporting an order for disgorgement of fees.

No Comments

Leave a comment
Comment Information

Honors & Awards

More information
EMAIL US FOR A RESPONSE

Contact Our Attorneys Today

Please call the law office at 949-478-0521 or fill out the form below to arrange a consultation with a lawyer.

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Klein & Wilson
4770 Von Karman Avenue
Newport Beach, CA 92660

Phone: 949-478-0521
Fax: 949-631-3703
Newport Beach Law Office Map