Probate: Court Appointed Attorneys and PPC's

Probate Division
San Diego Superior Court

Date Posted: 9/6/04
Court Appointed Attorneys/PPC's

Court Appointed attorneys are expected to comply with Rule of Professional Conduct 3-310 in all matters. The Court believes that when Rule 3-310 requires disclosure and consent in a Conservatorship or Guardianship proceeding, and because the client cannot consent, an attorney should decline, or withdraw from, court appointment. As a general rule, attorneys, and their firms, who have had a legal, business, financial, professional, or personal relationship with the Conservatee's fiduciary within the last two (2) years are deemed by the court to have an interest adverse to their client and should seek immediate relief from their status as court appointed attorney. An attorney who has been in such a relationship within the last two (2) years should not, in any circumstance accept court appointment.

Dated: 9/6/04