The author examines the trend in federal courts and in other state jurisdictions disallowing dual representation in shareholder derivative suits. The Note discusses practical and ethical problems involved where the same attorney represents potentially conflicting interests and urges that the California Court of Appeal decision in Jacuzzi v. Jacuzzi Brothers be overruled insofar as it permits the same attorney to represent both the corporation and director and officer defendants in derivative litigation prior to an adjudication that an actual conflict exists.
S. Kendall Patton,
Disqualification of Corporate Counsel in Derivative Actions: Jacuzzi and the Inadequacy of Dual Representation,
31 Hastings L.J. 347
Available at: https://repository.uchastings.edu/hastings_law_journal/vol31/iss1/10