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Keywords

attorney

jurisdictiontrialmotion

Related Cases

In re Charlisse C., 45 Cal.4th 145, 194 P.3d 330, 84 Cal.Rptr.3d 597, 08 Cal. Daily Op. Serv. 13,686, 2008 Daily Journal D.A.R. 16,400

Facts

The case arose when the Los Angeles County Department of Children and Family Services filed a petition alleging that six-day-old Charlisse was at risk of abuse or neglect due to her mother's mental health issues. The juvenile court appointed a CLC attorney from Unit 3 to represent Charlisse, despite her mother, Shadonna, having previously been represented by CLC's Unit 1. Shadonna later moved to disqualify CLC, claiming a conflict of interest due to her past representation and the structural changes within CLC that blurred the lines between its units.

On July 26, 2006, the Los Angeles County Department of Children and Family Services (DCFS) filed a petition alleging that six-day-old Charlisse came within the juvenile court's jurisdiction for two reasons: (1) she was at substantial risk of suffering serious physical harm because the “emotional/mental health condition” of her 19–year–old mother, Shadonna, “at times ha[d] interfered with [Shadonna's] ability to provide regular care, supervision and a home” (see § 300, subd. (b)); and (2) Charlisse's sister, Donna, had been abused or neglected by Shadonna and there was substantial risk that Charlisse would also be abused or neglected (see § 300, subd. (j)).

Issue

Whether the juvenile court correctly disqualified the Children's Law Center of Los Angeles from representing Charlisse C. based on alleged conflicts of interest stemming from prior representation of her mother.

Rule

A law center is subject to disqualification only if it cannot protect a former client's confidences, and the burden is on the law center to demonstrate that it can adequately protect those confidences.

law center was subject to disqualification only if would not protect mother's confidences, and law center bore burden to show that it would protect mother's confidences.

Analysis

The Supreme Court found that the juvenile court had applied the wrong legal standard in disqualifying CLC. The court emphasized that there was no evidence of actual conflict or improper disclosure of confidential information. Instead, the court focused on whether CLC could maintain the necessary ethical walls to protect the mother's confidences, concluding that the juvenile court had abused its discretion in disqualifying CLC.

For reasons set forth below, we conclude the trial court applied the wrong legal standard in ordering CLC's disqualification and therefore abused its discretion.

Conclusion

The Supreme Court reversed the juvenile court's disqualification order, affirming that CLC could represent Charlisse C. and remanding the case for further proceedings consistent with its opinion.

Affirmed with directions.

Who won?

Children's Law Center of Los Angeles (CLC) prevailed because the Supreme Court found that the juvenile court had abused its discretion in disqualifying CLC, as there was no evidence of a breach of confidentiality.

CLC prevailed because the Supreme Court found that the juvenile court had abused its discretion in disqualifying CLC, as there was no evidence of a breach of confidentiality.

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