A court evaluating whether a relationship creates a conflict of interest is going to rely on predictable legal authority: The rules of professional conduct, and cases applying the rules to different scenarios. This video is a deep dive into the law of conflicts of interest where we break down RPC 1.7's "concurrent conflict of interest" standard for disqualifying conflicts and look at cases that evaluate whether an actual conflict of interest exists under different circumstances, so that we can see how the facts of Anne Taylor's representation of Cara Kernodle fit within these legal standards.
00:00 Intro
00:31 RPC 1.7 gives the standard, cases apply the standard to different facts
00:48 The RPC 1.7 standard: A concurrent conflict of interest - directly adverse or material limitation
01:47 What are "directly adverse" relationships?
03:18 Another distiction: Actual conflicts vs. potential conflicts
04:11 Glasser: SCOTUS case where representing co-defendants created actual conflict
05:30 But Glasser also recognizes joint representation is not inherently bad
06:03 Holloway: SCOTUS case where co-defendants had conflicting defenses so actual conflict
08:05 Cara Kernodle isn't a co-defendant, so what about cases with facts closer to hers?
09:19 Dye: Public defender had represented informant witness in unrelated matter
11:57 Cook: Public defender office represented defendant, victim, and 4/5 informant witnesses
13:34 RPC 1.10: Conflicts are imputed to private firms, but not to public defenders
15:03 Araiza: You can impeach former clients with non-confidential information
17:46 Takeaways from the cases
21:33 Reassigning Cara Kernodle's case avoids problem of cross-examining current client
22:08 Next video: "Significant risk" attorney will be "materially limited"
Part 1 - Kohberger Attorney Conflict?: https://www.youtube.com/watch?v=ZE8YrpRG-DQ
Part 2 - How and Why did Anne Taylor get Appointed?: https://www.youtube.com/watch?v=OmVZZRFAJQM
101 Comments