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Keywords

lawsuitlitigationattorneytrialtrust

lawsuitattorneytrial

Related Cases

City and County of San Francisco v. Cobra Solutions, Inc., 38 Cal.4th 839, 135 P.3d 20, 43 Cal.Rptr.3d 771, 06 Cal. Daily Op. Serv. 4709, 2006 Daily Journal D.A.R. 6880

Facts

Cobra Solutions, a technology company, was previously represented by Dennis Herrera, who later became the San Francisco City Attorney. After Herrera's office filed a lawsuit against Cobra Solutions alleging fraud and other violations, Cobra sought to disqualify the entire city attorney's office, arguing that Herrera's prior representation created a conflict of interest. The trial court agreed, finding that Herrera had obtained confidential information during his prior representation that was substantially related to the current litigation, leading to the disqualification of the entire office.

Cobra Solutions, a technology company, was previously represented by Dennis Herrera, who later became the San Francisco City Attorney.

Issue

Whether the personal conflict of the city attorney, arising from prior representation of a client, can be imputed to the entire city attorney's office, resulting in vicarious disqualification.

Rule

The court applied the principle that when an attorney leaves private practice to head a public law office, the vicarious disqualification of the entire office is generally required in matters substantially related to the attorney's earlier private representations.

Analysis

The court analyzed the facts surrounding the city attorney's prior representation of Cobra Solutions and determined that the confidential information obtained during that representation was relevant to the current lawsuit. The court emphasized that the city attorney's role as the head of the office meant that his conflict of interest could not be effectively screened from the other attorneys in the office, thus necessitating the disqualification of the entire office.

Conclusion

The Supreme Court affirmed the trial court's decision to disqualify the entire city attorney's office from representing the city in the lawsuit against Cobra Solutions, citing the need to uphold ethical standards and public trust in the legal system.

The Supreme Court affirmed the trial court's decision to disqualify the entire city attorney's office from representing the city in the lawsuit against Cobra Solutions.

Who won?

Cobra Solutions prevailed in the case because the court upheld the disqualification of the city attorney's office, recognizing the conflict of interest stemming from the city attorney's prior representation.

Cobra Solutions prevailed in the case because the court upheld the disqualification of the city attorney's office.

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