California Appellate Tracker

Bridgepoint Construction Services, Inc. v. Newton

October 9, 2018

An attorney who represented two clients directly in conflict with each other was properly disqualified from representing either of them.

An attorney was properly disqualified. He represented plaintiff C in a case in which plaintiffs A, B and C were all seeking the same $2 million from the same pool of funds, while at the same time representing plaintiff A in a separate lawsuit. The dual representation created an actual conflict between two existing clients since any penny plaintiff C recovered in the first suit was one less penny that plaintiff A would recover in the suit. Moreover, the attorney was properly disqualified due to successive representation as well. Until disqualified from doing so, he had represented plaintiffs A and C in the first suit and during that time had acquired confidential knowledge of A’s finances through hiring an expert to audit plaintiff A.

California Court of Appeal, Second District, Division 6 (Gilbert, P.J.); September 4, 2018; 26 Cal. App. 5th 966

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Bridgepoint Construction Services, Inc. v. Newton

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