Divided Loyalty to a Client of Two Lawyers
In Parker v. Morton (1981) 117 Cal. App. 3d 751 [173 Cal. Rptr. 197], a lawyer who was sued by his former client cross-complained against the lawyer who had replaced him, alleging that the successor lawyer had exacerbated the client's damages.
Division Two of the Fourth District departed from the rules announced in the earlier cases and allowed the cross-complaint to go forward, distinguishing this case on the ground that there was "no choice to be made by the second attorney between alternative remedies" and, therefore, no possibility of a divided loyalty. (Id. at p. 761.)
Parker's discordant note stands alone, distinguished, criticized or rejected by every court that has bothered to mention it.