People v. Delgadoplatero CA2/1

DISCUSSION

“Conflicts of interest commonly arise in one of two factual contexts,” one of which includes “cases of successive representation, where an attorney seeks to represent a client with interests that are potentially adverse to a former client of the attorney.” (In re Charlisse C. (2008) 45 Cal.4th 145, 159.) A party seeking to disqualify an attorney based on successive representation must show a substantial relationship between the two representations. (Flatt v. Superior Court (1994) 9 Cal.4th 275, 283.) Even if a substantial relationship is shown, however, a party is not entitled to reversal of a judgment based on the denial of a disqualification motion unless he also demonstrates prejudice in the form of an actual conflict that materialized (Mickens v. Taylor (2002) 535 U.S. 162, 170-171; People v. Doolin (2009) 45 Cal.4th 390, 417-418) and a reasonable probability that, absent the conflict, “‘a result more favorable to [him] would have been reached’” (Doolin, at p. 420). In other words, a conflict of interest that has no probable effect upon the trial’s outcome does not present a basis to reverse a judgment. (See Mickens, at p. 166.)

3 Delgadoplatero contends that a…