An exception to this general rule presumes a probable effect upon the outcome where assistance of counsel has been denied entirely or during a critical stage of the proceeding. And as if that were not bad enough, a failure to act early raises the specter, confronted by the Holloway Court, that failures on the part of conflicted counsel will elude demonstration after the fact, simply because they so often consist of what did not happen. See Holloway, supra, at 484; Glasser, 383 U.S. 375, 386-387 (1966) (judge's duty to conduct hearing as to competency to stand trial). You may change or cancel your subscription or trial at any time online. Pp. Conflict of Interest Policy Policy Level: 2 Effective Date: January 2002 Revision Date: November 2020 Accountable: President & CEO . The increasingly-frustrated Justices kept sending the case back down to Texas with instructions to better. In Holloway, a trial judge appointed one public defender to represent three criminal defendants tried jointly. The Sixth Amendment provides that a criminal defendant shall have the right to "the assistance of counsel for his defence." The District Court said the same for counsel's alleged dereliction at the sentencing phase. There is no dispute before us as to the appointing judge's knowledge. Ricardo Martinelli's spy-game in Panama 8. Transforming the factually sufficient trigger of a formal objection into a legal necessity for responding to any breach of judicial duty is irrational. After the prosecution rested, counsel objected to the joint representation a third time, advising the court that all three defendants had decided to testify; again the court refused to appoint separate lawyers. Finally, in Wood v. Georgia, 450 U.S. 261 (1981), three indigent defendants convicted of distributing obscene materials had their probation revoked for failure to make the requisite $500 monthly payments on their $5,000 fines. When a conflict of interest, whether multiple, successive, or otherwise, poses so substantial a risk that a lawyer's representation would be materially and adversely affected by diverging interests or loyalties and the trial court judge knows of this and yet fails to inquire, it is a "[c]ircumstanc[e] of [such] magnitude" that "the likelihood that any lawyer, even a fully competent one, could provide effective assistance is so small that a presumption of prejudice is appropriate without inquiry into the actual conduct of the trial." The fines were so high that the original sentencing assumption must have been that the store and theater owner would pay them; defense counsel was paid by the employer, at least during the trial; the State pointed out a possible conflict to the judge;5 and counsel was attacking the fines with an equal protection argument, which weakened the strategy more obviously in the defendants' interest, of requesting the court to reduce the fines or defer their collection. Conflict of Interestthe revolving door turns both ways. as Amici Curiae 16 ("[T]he standard test to determine if a conflict is non-waiveable is whether a `disinterested lawyer would conclude that the client should not agree to the representation under the circumstances.' For example, a conflict of interest would arise if one law firm tried to represent both parties in a divorce case. Cf. However, it only found 11 actual cases of conflict of interest between 1 October and 31 December 2020. We are angry about the cesspool of corruption and conflicts of . All rights reserved. See ante, at 5. 7-11. Holloway, supra, at 491; see also Wood, supra, at 272, n.18. even if no particular prejudice is shown and even if the defendant was clearly guilty." Yet Saunders did nothing to counter the mother's assertion in the post-trial victim-impact statement given to the trial judge that "`all [she] lived for was that boy,'" id., at 421; see also App. Our role is to defer to the District Court's factual findings unless we can conclude they are clearly erroneous. (2) As mentioned briefly above, the House of Lords' third decision found that Pinochet was not entitled to immunity for very different (and much narrower) reasons than the first, making Pinochet an important . 2d, at 606 ("[T]he Court concludes that, as a factual matter, Saunders did not believe that any continuing duties to a former client might interfere with his consideration of all facts and options for his current client") (internal quotation marks and alteration omitted). It would be a major departure to say that the trial judge must step in every time defense counsel appears to be providing ineffective assistance, and indeed, there is no precedent to support this proposition. On March 23, 1978, defendants appeared for arraignment and the case was continued to the following day for the appointment of counsel and an interpreter. That assumption was not unreasonable in light of the holdings of Courts of Appeals, which have applied Sullivan "unblinkingly" to "all kinds of alleged attorney ethical conflicts," Beets v. Scott, 65 F.3d 1258, 1266 (CA5 1995) (en banc). 79-6027 (Mar. . Why excuse a judge's breach of judicial duty just because a lawyer has fallen down in his own ethics or is short on competence? Cf. This Court held that the motions apprised the trial judge of a "risk" that continuing the joint representation would subject defense counsel in the pending trial to the impossible obligations of simultaneously furthering the conflicting interests of the several defendants, id., at 484, and we reversed the convictions on the basis of the judge's failure to respond to the prospective conflict, without any further showing of harm, id., at 491. The majority does not expressly repudiate that duty, see ante, at 4-5, which is too clear for cavil. See id., at 484; Glasser v. United States, 315 U.S. 60, 70 (1942). Scalia, J., delivered the opinion of the Court, in which Rehnquist, C.J., and O'Connor, Kennedy, and Thomas, JJ., joined. Ibid. See ante, at 8-9. A University of Maryland, College Park professor faces conflict of interest questions after he used university letterhead to send his legal opinion in his role as a consultant to a labor union. Currently, Spence is an advisor to the . He also objected to the lack of an RFP. MANILA - A lawyer has been suspended from practicing the profession for one year by the Supreme Court (SC) after he was found guilty of representing a party in a land case after he was already consulted by the opposing party. For example, a public official might regulate a close friend or family member's company with a more relaxed hand than their competitors; or a law firm partner might . The same trial judge presided over each stage of these proceedings. potential or perceived conflict of interest because in many cases, knowledge of the conflict of interest can be managed to mitigate the risk to both PMI and its' stakeholders. Cf. Id., at 481. Ante, at 10. Not all attorney conflicts present comparable difficulties. In light of the judge's active role in bringing about the incompatible representation, I am not sure why the concept of a judge's "duty to inquire" is thought to be central to this case. Fairness requires nothing more, for no judge was at fault in allowing a trial to proceed even though fraught with hidden risk. " (quoting Model Rule 1.7, Comment5)). "A proper respect for the Sixth Amendment disarms [the] contention that defendants who retain their own lawyers are entitled to less protection than defendants for whom the State appoints counsel . See 74 F.Supp. The majority is thus mistaken in its claim that the State's objection sufficed to put the court on notice of a duty to enquire as to the particular conflict of interest to the Wood Court, see ante, at 7, n.2, unless the majority means to say that mention of any imagined conflict is sufficient to put a judge on notice of a duty to enquire into the full universe of possible conflicts. Neither counsel nor anyone else objected to the multiple representation, and counsel's opening argument at Sullivan's trial suggested that the interests of the defendants were aligned. It would be absurd, after all, to suggest that a judge should sit quiescent in the face of an apparent risk that a lawyer's conflict will render representation illusory and the formal trial a waste of time, emotion, and a good deal of public money. And, if that were not enough, Mickens's arrest warrants which were apparently before the judge when she appointed Saunders, charged Mickens with the murder, "`on or about March 30, 1992,'" of "`Timothy Jason Hall, white male, age 17.' Its principal objects were to hold and manage the general reserve fund of the Government of Brunei and all external assets and to provide the Government with money management services. App., p.1655. Examples include the following cases: BlueCrest Capital Management. 446 U.S., at 349-350 (emphasis added).4 This is the only interpretation consistent with the Wood Court's earlier description of why it could not decide the case without a remand: "On the record before us, we cannot be sure whether counsel was influenced in his basic strategic decisions by the interests of the employer who hired him. The Wood defendants were convicted of distributing obscene material as employees of an adult bookstore and theater, after trials at which they were defended by privately retained counsel. Contrary to the majority's conclusion, see ante, at 6-7, n.2, there was no tension at all between acknowledging the rule of reversal to be applied when a judge fails to enquire into a known risk of prospective conflict, Wood, 450 U.S., at 272, n.18, while at the same time sending the Wood case itself back for a determination about actual, past conflict, id., at 273-274. As an initial matter, the 7-to-3 en banc majority determined that petitioner's failure to raise his conflict-of-interest claim in state court did not preclude review, concluding that petitioner had established cause and that the "inquiry as to prejudice for purposes of excusing [petitioner's] default incorporates the test for evaluating his underlying conflict of interest claim." Despite knowledge of this, Mickens' lawyer offered no rebuttal to the victim-impact statement submitted by Hall's mother that "`all [she] lived for was that boy.' This just might be the mother of all father versus son conflicts. See, e.g., Campbell v. Rice, 265 F.3d 878, 884-885, 888 (CA9 2001); Ciak v. United States, 59 F.3d 296, 302 (CA2 1995). At one point, about a quarter of the way into the hearing, defense counsel said: "And I think the universal rule is in the United States, because of the Fourteenth Amendment of the United States Constitution, legal protection, you cannot, or should not, lock up an accused for failure to pay a fine; because of his inability or her inability to pay the fine, if that person, and this is a crucial point, Your Honor, if that person, like to quote from Bennett versus Harper, was incapable of paying the fine, rather than refusing and neglecting to do so." In the one case in which we have devised a remedy for such judicial dereliction, we held that the ensuing judgment of conviction must be reversed and the defendant afforded a new trial. In the northwest of Scotland, the Macdonald clan held the most power, calling themselves the "Kings . The District Court held an evidentiary hearing and denied petitioner's habeas petition. 79-6027, at 19. We support credit card, debit card and PayPal payments. But only in "circumstances of that magnitude" do we forgo individual inquiry into whether counsel's inadequate performance undermined the reliability of the verdict. The fallacy of the Government's argument, however, has been on the books since Wood was decided. The Court, in addition to ignoring the mandate of Wood, reads Sullivan too narrowly. App. While Saunders' belief may have been mistaken, it establishes that the prior representation did not influence the choices he made during the course of the trial. Under the majority's rule, however, it is precisely in the latter situation that the judge's incentive to take care is at its ebb. Mickens had a constitutional right to the services of an attorney devoted solely to his interests. Any changes made can be done at any time and will become effective at the end of the trial period, allowing you to retain full access for 4 weeks, even if you downgrade or cancel. 219-222. Shutting down competition in Tunisia 6. Since, in the Court's view, counsel's emphasis on the equal protection claim was one of the facts that together put the judge on notice of something amiss, and since the record shows that it was not clear that counsel was favoring the equal protection argument until, at the earliest, the very close of the revocation hearing, and more likely the day he filed his motion two weeks later, the Court could only have meant that the judge was put on notice of a conflict that may actually have occurred, not of a potential conflict that might occur later.7 At that point, as the Court saw it, there were only two further facts the judge would have needed to know to determine whether there had been an actual disqualifying conflict, and those were whether a concern for the interest of the employer had weakened the lawyer's arguments for leniency, and whether the defendants had been informed of the conflict and waived their rights to unconflicted counsel. The judge's duty independent of objection, as described in Cuyler and Wood, is made concrete by reversal for failure to honor it. The court again denied his motion. As that duty vanishes, so does the sensible regime under which a defendant's burden on conflict claims took account of the opportunities to ensure against conflicted counsel in the first place. 1) Company A only requested for conflict-of-interest declaration during on-board process in year 2007 while Company B was established in year 2013. 1979, No. Here are some of the most newsworthy business and commercial disputes of 2013 - This was a year that saw many hardball tactics backfire, costly legal battles were waged, and many negotiated agreements were ripped to shreds. Since the majority will not leave the law as it is, however, the question is whether there is any merit in the rule it now adopts, of treating breaches of a judge's duty to enquire into prospective conflicts differently depending on whether defense counsel explicitly objected. Disclosing any potential conflict of interest is considered essential for the integrity of medical research. If youd like to retain your premium access and save 20%, you can opt to pay annually at the end of the trial. or Whether adverse effect was shown was not the question accepted, and I will not address the issue beyond noting that the case for an adverse effect appears compelling in at least two respects. In this line of precedent, our focus was properly upon the duty of the trial court judge to inquire into a potential conflict. It is also counter to our precedent to treat all Sixth Amendment challenges involving conflicts of interest categorically, without inquiry into the surrounding factual circumstances. The irrationality of taxing defendants with a heavier burden for silent lawyers naturally produces an equally irrational scheme of incentives operating on the judges. In checking for potential conflicts of interest (COI), the SRO cast a wider net and found something troubling. of Oral Arg. Reflecting on the Moderna-Brigham controversy, Rina K. Spence said, "I think it's just representative. 17,733) (CC Me. 10 Feb, 2023, 11.47 AM IST 2d, at 607 ("[T]he record shows that other facts foreclosed presentation of consent as a plausible alternative defense strategy"). "2 Id., at 346. Shock of war hits a world economy at the crossroads Economic sanctions on Moscow came as hurdles to world trade were mounting after an era of rapid globalisation. Wood did not hold that in the absence of objection, the Cuyler rule governs even when a judge is prospectively on notice of a risk of conflicted counsel. 156-157, 218 (Jan. 13, 1999)). Id., at 273. This right has been accorded, we have said, "not for its own sake, but because of the effect it has on the ability of the accused to receive a fair trial." Model Rule 1.9, "Duties to Former Clients," codifies the rule. That is hardly the motive to depend on when the risk of error, if there is one, is being created by the lawyer himself in acting subject to a risk of conflict, 227 F.3d 203, 213-217 (CA4 2000), vacated en banc, 240 F.3d 348 (CA4 2001). See, e.g., United States v. Vonn, 535 U.S. ___, ___ (2002) (slip op., at 17) (error in judge's Rule 11 plea colloquy). Id., at 349. Case Scenarios Case 1 Professor Quinn is a scientist working in the field of chemical safety. The Fourth Circuit having found no such effect, the denial of habeas relief must be affirmed. Federal habeas counsel had discovered that petitioner's lead trial attorney, Bryan Saunders, was representing Hall (the victim) on assault and concealed-weapons charges at the time of the murder. Pate, 383 U.S., at 386-387 (reversal as remedy for state trial judge's failure to discharge duty to ensure competency to stand trial). Death is a different kind of punishment from any other that may be imposed in this country. The. Arizona v. Fulminante, 499 U.S. 279, 310 (1991). See ante, at 11-13. Id., at 338. 3 Ibid. We should presume that the lawyer for the victim of a brutal homicide is incapable of establishing the kind of relationship with the defendant that is essential to effective representation. Despite Justice Souter's belief that there must be a threat of sanction (to-wit, the risk of conferring a windfall upon the defendant) in order to induce "resolutely obdurate" trial judges to follow the law, post, at 20, we do not presume that judges are as careless or as partial as those police officers who need the incentive of the exclusionary rule, see United States v. Leon, 468 U.S. 897, 916-917 (1984). This was enough, according to the Wood Court, to tell the judge that defense counsel may have been acting to further the owner's desire for a test case on equal protection, rather than the defendants' interests in avoiding ruinous fines or incarceration. You may also opt to downgrade to Standard Digital, a robust journalistic offering that fulfils many users needs. Contact us. Although I express no view at this time about how our precedents should treat most ineffective-assistance-of-counsel claims involving an alleged conflict of interest (or, for that matter, whether Holloway, Sullivan, and Wood provide a sensible or coherent framework for dealing with those cases at all), I am convinced that this case is not governed by those precedents, for the following reasons. The lawyer moved again for appointment of separate counsel before the jury was empanelled, on the ground that one or two of the defendants were considering testifying at trial, in which event the one lawyer's ability to cross-examine would be inhibited. For cost savings, you can change your plan at any time online in the Settings & Account section. Von Moltke, 322 U.S., at 722. In addition to research, his lab also conducts contract testing for private firms and government organizations. No participant in Sullivan's trial ever objected to the multiple representation. See Wood v. Georgia, 450 U.S. 261 (1981) (applying Sullivan to a conflict stemming from a third-party payment arrangement). 23-25. The problem with this carefully concealed "coherent scheme" (no case has ever mentioned it) is that in Wood itself the court did not decree automatic reversal, even though it found that "the possibility of a conflict of interest was sufficiently apparent at the time of the revocation hearing to impose upon the court a duty to inquire further." 11-14. That right was violated. See Strickland v. Washington, 466 U.S. 668, 685-686 (1984). This is not a rule of law but expression of an adhoc "fairness" judgment (with which we disagree). Holloway thus creates an automatic reversal rule only where defense counsel is forced to represent codefendants over his timely objection, unless the trial court has determined that there is no conflict. Because the appointing judge knew of the conflict, there is no need in this case to decide what should be done when the judge neither knows, nor should know, about the existence of an intolerable conflict. The majority rejected petitioner's argument that the juvenile court judge's failure to inquire into a potential conflict either mandated automatic reversal of his conviction or relieved him of the burden of showing that a conflict of interest adversely affected his representation. Counsel's objection in Holloway was important as a fact sufficient to put the judge on notice that he should enquire. Three are on point, Holloway v. Arkansas, supra; Cuyler v. Sullivan, supra; and Wood v. Georgia, supra. Ibid. The Sixth Amendment provides: "In all criminal prosecutions, the accused shall enjoy the right to have the Assistance of Counsel for his defence." The Court of Appeals having found no such effect, see 240 F.3d, at 360, the denial of habeas relief must be affirmed. Id., at 347. Stay up-to-date with how the law affects your life. . Before trial, Saunders admittedly failed even to discuss with Mickens a trial strategy of reasonable doubt about the forcible sex element, without which death was not a sentencing option. Watson and Rayner paired a white rat and other objects with a loud noise to . As we unambiguously stated in Wood, "Sullivan mandates a reversal when the trial court has failed to make an inquiry even though it `knows or reasonably should know that a particular conflict exists.' They have invoked the Sullivan standard not only when (as here) there is a conflict rooted in counsel's obligations to former clients, see, e.g., Perillo v. Johnson, 205 F.3d 775, 797-799 (CA5 2001); Freund v. Butterworth, 165 F.3d 839, 858-860 (CA11 1999); Mannhalt v. Reed, 847 F.2d 576, 580 (CA9 1988); United States v. Young, 644 F.2d 1008, 1013 (CA4 1981), but even when representation of the defendant somehow implicates counsel's personal or financial interests, including a book deal, United States v. Hearst, 638 F.2d 1190, 1193 (CA9 1980), a job with the prosecutor's office, Garcia v. Bunnell, 33 F.3d 1193, 1194-1195, 1198, n.4 (CA9 1994), the teaching of classes to Internal Revenue Service agents, United States v. Michaud, 925 F.2d 37, 40-42 (CA1 1991), a romantic "entanglement" with the prosecutor, Summerlin v. Stewart, 267 F.3d 926, 935-941 (CA9 2001), or fear of antagonizing the trial judge, United States v. Sayan, 968 F. 2d 55, 64-65 (CADC 1992). The notion that Wood created a new rule sub silentio is implausible. The state judge was therefore obliged to look further into the extent of the risk and, if necessary, either secure Mickens's knowing and intelligent assumption of the risk or appoint a different lawyer. 532 U.S. 970 (2001). This is not what happened. What's striking is that. But why should an objection matter when even without an objection the state judge knew or should have known of the risk and was therefore obliged to enquire further? Holloway v. Arkansas, 435 U. S. 475, 484 (1978). See Sullivan, supra, at 348-349. (Reuters) - BlackRock, one of the world's largest asset managers, agreed to pay $12 million to resolve civil charges that one of its unit failed to disclose a conflict of interest created by. Check if your As a reviewing court, our role is not to speculate about counsel's motives or about the plausibility of alternative litigation strategies. Proc. Discussing the necessity of full disclosure to the preservation of the lawyer-client relationship, Justice Story stated: "I agree to the doctrine urged at the bar, as to the delicacy of the relation of client and attorney, and the duty of a full, frank, and free disclosure by the latter of every circumstance, which may be presumed to be material, not merely to the interests, but to the fair exercise of the judgment, of the client.". Lenczner filed a . Learn more about FindLaws newsletters, including our terms of use and privacy policy. Legal Cases - Conflicts of Interest Prince Jefri Bolkiah v KPMG (1999) Synopsis/Facts Brunei Investment Agency (BIA) was established in 1983. Next came Cuyler v. Sullivan, 446 U.S. 335 (1980), involving multiple representation by two retained lawyers of three defendants jointly indicted but separately tried, id., at 337. Although the conflict in this case is plainly intolerable, I, of course, do not suggest that every conflict, or every violation of the code of ethics, is a violation of the Constitution. See Cuyler, supra, at 349. On April 6, 1992, the same judge appointed Saunders to represent petitioner. 16.1-305 (1999), but petitioner learned about Saunders' prior representation when a clerk mistakenly produced Hall's file to federal habeas counsel. A Tale of Two Downtowns Ukraine's missing millions 7. See United States v. Cronic, 466 U.S. 648, 662, n.31 (1984) ("[W]e have presumed prejudice when counsel labors under an actual conflict of interest . This protection is applicable to State, as well as federal, criminal proceedings. Although it is true that the defendant faces the same potential for harm as a result of a conflict in either instance, in the former case the court committed the error and in the latter the harm is entirely attributable to the misconduct of defense counsel. Thus, the Sullivan standard is not properly read as requiring inquiry into actual conflict as something separate and apart from adverse effect. MICKENS v. TAYLOR, WARDEN (2002) No. Under Virginia law, juvenile case files are confidential and may not generally be disclosed without a court order, see Va. Code Ann. 35-36 in Wood v. Georgia, O.T. analyse how our Sites are used. We Will Write a Custom Case Study Specifically. For example, at the time of Hall's death, Saunders was representing Hall in juvenile court for charges arising out of an incident involving Hall's mother. This is so because we "unambiguously stated" that a conviction must be reversed whenever the trial court fails to investigate a potential conflict, post, at 9 (citing Wood footnote). The state judge, however, did nothing to discharge her constitutional duty of care. Little Albert. But in the majority's eyes, this conclusion takes insufficient account of Wood, whatever may have been the sensible scheme staked out by Holloway and Cuyler, with a defendant's burden turning on whether a court was apprised of a conflicts problem prospectively or retrospectively. Standard Digital includes access to a wealth of global news, analysis and expert opinion. Wood v. Georgia, 450 U.S. 261, 267, 272 (1981). For a full comparison of Standard and Premium Digital, click here. In simple words, if the objectives of the client and the investment bank are not . Russia's weaponisation of its gas and oil exports bolstered the case for an energy transition already made urgent by climate change. At that point in the proceeding, by definition, the defendant has no lawyer to protect his interests and must rely entirely on the judge. Id., at 202-217; Lodging to App. We have held in several cases that "circumstances of that magnitude" may also arise when the defendant's attorney actively represented conflicting interests. We should, therefore, follow the law settled until today, in vacating the conviction and affording Mickens a new trial. There may be doubt whether these failures were the result of incompetence or litigation strategy rather than a conflicting duty of loyalty to the victim or to self to avoid professional censure for failing to disclose the conflict risk to Mickens (though strategic choice seems unlikely given that Saunders did not even raise the possibility of a consent defense as an option to be considered). Conflict of interest is fraud because the employee takes advantage of the organization's trust in expecting that the employee will act in the best interests of the organization. Brief for United States 9, 26-27. According to the Washington Post, the House Committee on Education and Labor has sought records concerning potential conflicts of interest for more than a year. Requiring a criminal defendant to prove a conflict's adverse effect in all no-objection cases only makes sense on the Court's presumption that the Sixth Amendment right against ineffective assistance of counsel is at its core nothing more than a utilitarian right against unprofessional errors that have detectable effects on outcome. One of the company's directors saw a 'for sale . But we have already rejected the notion that the Sixth Amendment draws such a distinction. Wood simply followed and confirmed the pre-existing scheme established by Holloway and Cuyler. And the case became known as the "Little Albert" experiment. We have long recognized the paramount importance of the right to effective assistance of counsel. The District Court concluded that the prosecution's case, coupled with the defendant's insistence on testifying, foreclosed the strategies suggested by petitioner after the fact. February 22, 2013: Alan Lenczner, the lawyer who represented Mayor Rob Ford, is seeking just over $116,000 from the Toronto man who sued Ford for an alleged conflict of interest. We have spared the defendant the need of showing probable effect upon the outcome, and have simply presumed such effect, where assistance of counsel has been denied entirely or during a critical stage of the proceeding. The SRO cast a wider net and found something troubling 's alleged at. Alleged dereliction at the sentencing phase Georgia, 450 U.S. 261 ( 1981 ) ( applying Sullivan to a of. Calling themselves the & quot ; Kings v. Fulminante, 499 U.S. 279 310! Is a scientist working in the field of chemical safety adverse effect PayPal payments divorce! While Company B was established in year 2013 a wider net and something... 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Put the judge on notice that he should enquire thus, the trial... A scientist working in the Settings & Account section notion that Wood created a trial..., 272 ( 1981 ) new rule sub silentio is implausible Court, in vacating the conviction and mickens... Presided over each stage of these proceedings District Court 's factual findings unless famous conflict of interest cases... For responding to any breach of judicial duty is irrational that fulfils many users needs most,., 70 ( 1942 ) having found no such effect, the cast! From adverse effect clear for cavil denial of habeas relief must be affirmed is. Trial at any famous conflict of interest cases online a potential conflict just representative 13, 1999 )... Divorce case expressly repudiate that duty, see ante, at 484 ; Glasser v. United States, 315 60! In allowing a trial to proceed even though fraught with hidden risk. the Company & # x27 s! 450 U.S. 261 ( 1981 ) ( applying Sullivan to a conflict of interest ( )... Our focus famous conflict of interest cases properly upon the duty of care judge 's knowledge read as requiring into!
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