On Point: C. Conflict of Interest

Guerrero v. Cavey, 2000 WI App 203, 238 Wis.2d 449, 617 N.W.2d 849

Issue: Whether a person adjudicated incompetent may waive her attorney’s conflict of interest.

Holding: Because the client’s understanding of the attorney’s potentially divided loyalty is a necessary component of waiver of a conflict, and because no claim is made that the circuit court erred in finding the mother to be incompetent, she was,

Guerrero v. Cavey, 2000 WI App 203, 238 Wis.2d 449, 617 N.W.2d 849

Issue: Whether an attorney’s dual representation of the subject of a guardianship and her son worked a conflict of interest.

Holding: The two clients had competing interests, including the son’s desire to buy his mother’s house at below market value, and the attorney therefore had a conflict of interest, ¶¶13-17.

State v. David Kalk, 2000 WI App 62, 234 Wis. 2d 98, 608 N.W.2d 428
For Kalk: John A. Pray, UW Law School

Issue: Whether the defendant satisfied his burden of showing an actual conflict of interest stemming from his prior representation by the prosecutor on an unrelated charge.

Holding: Given the trial court’s findings of historical fact, defendant did not show that his prosecution was influenced by the prior representation.Analysis: Kalk’s prosecutor had previously represented him on an unrelated charge.

State v. Michael Love, 227 Wis.2d 60, 594 N.W.2d 806 (1999), reversing State v. Love 218 Wis.2d 1, 579 N.W.2d 277 (Ct. App. 1999)
For Love: Philip J. Brehm.

Holding: Love was represented at sentencing after revocation by an attorney who had been the prosecutor at the original sentencing, 20 months earlier; the attorney couldn’t remember appearing for the state at the original sentencing.