This website uses cookies to ensure you have the best experience. Learn more

Conflict Of Interest Essay

877 words - 4 pages

Conflict of Interest


The case I found involving a conflict of interest is Kennedy v. Eldridge, 201 Cal. App. 4th 1197 (2011). This was a family law case involving an unmarried couple and their child. The dispute was over paternity, child support and custody of Calvin Kennedy-Eldridge. The parties involved were the mother, Kayla Kennedy, and father, Tyler Eldridge. The attorney representing Tyler Eldridge was Richard Eldridge. Richard is Tyler’s father, which is where the question of conflict arose.
Attorney, Richard Eldridge had past client and business relations with Kennedy and her family members. Kennedy moved to disqualify Eldridge as Tyler’s attorney ...view middle of the document...

He argued that he had not gained any confidential information about Kennedy when his firm represented her father; and that the trial court had misapplied the advocate-witness rule. The Court of Appeal affirmed the disqualification finding that Kennedy had standing to bring the disqualification motion, regardless of the fact that she was never a client of Eldridge or his firm.
The court of appeal ruled that absent an attorney-client relationship, a lawyer's mere exposure to the confidences of an adversary does not, alone, warrant disqualification. However, where the attorney - through prior representation or improper means - obtains information that would likely be advantageous, disqualification is proper. Even though Kennedy had never been Eldridge's client, the court held that there was a potential for confidential information to be at issue. Eldridge's firm had represented Kennedy’s father, and Kennedy had provided a declaration in his divorce proceedings. The court reasoned that by virtue of these facts, Eldridge may have acquired confidential information about Kennedy’s personal life that could be used to her detriment in the custody battle.


A family court's function is to make delicate decisions that promote the child's best interest. The court applied California rule: CAL. FAM. CODE § 3020.
The court discussed and confirmed that this process could be severely disrupted in a situation where the child's grandfather might well argue for reducing the mother's time with her child, where counsel could wind up both litigating and testifying about what goes on in his household, and where Richard's Eldridge’s self-interest could skew the legal advice he gives to his own son.
The court continued in...

Other Papers Like Conflict Of Interest

To Manage Group Conflict Essay

5768 words - 24 pages responsibilities of the conflicting parties. Along with theses two main type of conflict there are many other types of workplace conflict. Like conflict of interest. It is a conflict in which each of the parties, sharing same understanding of the circumstances, prefers a different rather incompatible solution to a problem (Rahim, 2001). While according to Zechmeister and Druckman (1973), the conflict in which parties perceives themselves as representative of

Management Essay

798 words - 4 pages of labor, by setting up new offshore hub, to be able to pay rates that would be less low, shifts to be longer and have conditions that are more ‘flexible’. By the Unitarist approach they believe that because of the common interest and focus on loyalty there is no need for conflict, as Qantas claims due to its international operation lost of $200 million they were in need for the changed management required. (Barry 2011) In contrast to the

Employee Relationship

4606 words - 19 pages in Employee Relations 8 2.0 Understanding the Nature of industrial Conflict and Its Resolution 10 2.1 The Procedures an Organization should follow in dealing with Conflicts 10 2.2 The key features of employee Relation in a Selected Conflict Situation: 12 2.3 Effectiveness of procedures used in a selected conflict situation 14 LO3 Understanding collective bargaining and negotiation processes 15 3.1 The role of negotiation in collective

Ethics Paper

670 words - 3 pages quickly work should be done. Guidelines about ethical conduct aren’t much different. Many employers spend a lot of time and money developing policies for a range of employee, from how to fill out expense reports to what kind of client gifts are acceptable, to what constitutes a conflict of interest or bribe. If we use this definition, ethics becomes an extension of good management. Leaders identify appropriate and inappropriate conduct, and they


654 words - 3 pages whether agency problems would arise in sole proprietorship and partnerships. Suggested Solution: The relationship between owners and managers is called an agency relationship. Such relationship exists when a principal engages an agent to represent his or her behalf. Agency problem, also known as principal-agent problem, arises when a conflict of interest is present between owner (or principal) and manager (or agent) because of

Agency Conflict

1096 words - 5 pages Conflicts between stockholders and creditors Conflict between shareholders and creditors is common for the company which use debt capital to form an optimum capital structure. As mentioned earlier, agency relation exist when one party works as an agent of the principal. In an organization management works as a agent of owner or share holders. When managers work for the company they can be influenced by the own interest so that they prefer their


334 words - 2 pages the right to that player. The Chairman shall make said decision without the help of his two associates. If the Chairman of the Commission and the major league member entitled to vote on any question arising between a major and minor league club shall not agree, the Chairman's findings shall determine the case. Within the commission was a serious conflict of interest because some members of the commission were club presidents of teams in the


7262 words - 30 pages through teamwork and shared information, within a balanced power number in citation. structure which discards domination as a tactic (Graham, 1998). Collaborative conflict resolution is based upon an appeal to the common goals of the organisation, and stresses that it is in the self-interest of all the parties to come up with a solution which works towards institutional goals (Handy, 1993). De Bono (1985) and Gourlay (1987) both argue that by

Organizational Behavior

931 words - 4 pages Assignment 2: Planning and Playing a Game Objectives: • Learn how individuals contribute to teamwork • Experience some of the features of group work and teamwork • Understand what managers and organizational developers do to transform • groups into teams • Articulate the tangible benefits (both quantitative and qualitative) of • high-performing teams • Finish with an interest in learning more about these

Company Law

1718 words - 7 pages discuss the common law regime followed by statutory when a director can or should be able to appropriate to himself a business opportunity in Singapore. Common law 1) General Law – Conflict of duty and interest The general rule in Singapore is that a director must not place himself in a position where there is possibility of a conflict between duty and interest of the company without company’s permission. Upon approval granted through a

Conflict Resolution

832 words - 4 pages diluted by those of people who do not share the same religious and cultural beliefs. Since the mayor and city clerk take no sides in the conflict and wish that an acceptable agreement may be reached that will benefit the community and bring about civic harmony. To achieve this an interest based approach would have to be adopted and integrative negotiation should be used with the hope of reaching a win win situation. PRE NEGOTIATION – Week

Related Essays

Conflict Of Interest Essay

1336 words - 6 pages appreciating new experiences and novel ideas. Individuals who score low on openness are characterized as conventional up artistic and narrow in interest 4.agreeableness. Is one's interpersonal orientation ranging from soft hearted, good natured, trusting and gullible at one extreme to cynical, rude, suspicious, manipulative at the other party. 5.conscientiousness Indicate the individual degree of organization and dependability and conformity

Power And Conflict Essay

920 words - 4 pages information. • Man vs. Nature is the Data conflict. This is the results of insufficient research or the misinterpretation of collected information researched. • Man vs. Self is the Interest conflict and it is caused by one party attempting to meet their own personal agenda. • Man vs. Society is the Structural conflict. This conflict is triggered as a result of an organization, practice or entity’s being out of alignment. • Man vs. Destiny/Fate

How May Conflict Resolution And Conflict Management Approaches Be Applied In Educational Settings?’

5402 words - 22 pages each other through social influences (‘Deutsch’), carrying out scientific research on the human genetic discipline; research in pro – social behaviour and anti – social behaviour (‘Dawkins – Latané and Darley’) and in depth research of understanding children and adolescent behaviour within groups (Sherif 1966). Kurt Lewin’s had a significant interest towards social conflict; how conflict may be created and the search for scientific methods to

Mgt 311 Reflections Week 3 Essay

801 words - 4 pages . There are also conflict-stimulation techniques; for example, communication, bringing in outsiders, and restructuring the organization. Last, stage five is outcomes. The outcomes can be functional; for example, “when it improves the quality of decisions, stimulates creativity and innovation, encourages interest and curiosity among group members, provides the medium through which problems can be aired and tensions released, and fosters an