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 G050361/G050362 (4th Dist., Div. 3 Dec. 16, 2015) (unpublished), is a wild case producing an interesting 3-0 decision by Acting Presiding Justice Bedsworth.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 ยง 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.