Ethics: Attorneys Cannot Sue Current Client For Collection Of Fees Even If Client Waives Conflict With Advice From Independent Counsel

 

Fourth District, Division 3 Decides Conflict Unwaivable and Disqualification Order Sustained Under Inherent Authority Of Trial Court.

    This next one, Abedi v. Sheikhpour, Case Nos. G050361/G050362 (4th Dist., Div. 3 Dec. 16, 2015) (unpublished), is a wild case producing an interesting 3-0 decision by Acting Presiding Justice Bedsworth.

    The appellate court sustained an attorney disqualification by a trial judge based on CCP § 128(a)(5), the section allowing inherent authority to the trial judge to control the conduct of attorneys in a courtroom.  (The opinion makes it clear that the affirmance was not based on any ethics violations.)  The 4/3 DCA held that a current client cannot waive a conflict (even with the advice of independent counsel) for purposes of allowing an attorney to sue that client while representing the client in a pending matter.  It found the conflict unwaivable, citing New Jersey, Nevada, and California decisions in the process.