Actual Conflict of Interest Law and Legal Definition

”An actual conflict is not separate from an adverse effect; rather, it is defined as one which adversely affects the lawyer's performance. An "actual conflict of interest" only occurs when counsel actively represented conflicting interests. A theoretical or potential conflict is insufficient to constitute actual conflict; instead counsel must have actively represented conflicting interests. The term "actual conflict" is not a synonym for “direct conflict.” A petitioner must prove an actual conflict through a factual showing in the record.” Wallace v. Marshall, 2009 U.S. Dist. LEXIS 70004 (E.D. Cal. July 31, 2009)