Counsel Should Not Have Been Disqualified For Apparent Conflict.

A lawyer departing from a law firm sued both the firm and a partner in the firm. Both the partner and the firm are represented by the same counsel, and the trial court disqualified that counsel, holding there was a nonwaivable actual conflict. The court concluded the conflict existed because the departing lawyer is a 50 percent shareholder of the firm, and the departing lawyer’s interests are in conflict with the partner who is a defendant. The trial court further ordered the departing lawyer plaintiff and the defendant partner to confer on the appointment of neutral counsel for the firm. The Court of Appeal reversed, concluding the interests of both the firm and the defendant lawyer are “perfectly aligned” in seeing the claims of the departing lawyer defeated. Coldren v. Hart, King & Coldren, Inc. (Cal. App. Fourth Dist. Div. 3; August 5, 2015) 239 Cal.App.4th 237 [190 Cal.Rptr.3d 644].)