Legal Opinion
State Of Washington v. James Lee O'neil, Jr.
Court of Appeals of Washington
Decided April 3, 2017No. 75090-9-IPublishedCited by 5 opinions
1Opinion of the CourtAppelwick, J.
¶1 An attorney is duty bound to withdraw when a conflict of interest arises. A trial court abuses its discretion when it refuses to allow withdrawal based on a demonstrated conflict of interest. When the conflict of interest exists because the opposing party has identified as a witness a person whom counsel supervises, the trial court should apply the necessary witness test as if counsel had been sought as the witness. If the witness is necessary, counsel must be allowed to withdraw. We reverse and remand.
FACTS
¶2 James O’Neil Jr. was originally charged with felony harassment and attempted…
2Cases cited15 opinions
- PUD DISTRICT NO. 1, KLICKITAT COUNTY v. International Insurance Co.Washington Supreme Court · 1994
- State v. DavisWashington Supreme Court · 2000
- State v. McKAGUEWashington Supreme Court · 2011
- State v. HunsakerCourt of Appeals of Washington · 1994
- State v. RamosCourt of Appeals of Washington · 1996
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3Cited by5 opinions
- In re Recall of WeyrichWashington Supreme Court · 2024
- Pamela J. Bridgen v. Windermere Real Estate Co., Res.Court of Appeals of Washington · 2019
- State Of Washington v. Christopher Lynn SpanjerCourt of Appeals of Washington · 2026
- State Of Washington, V. Jerry George Wood, Jr.Court of Appeals of Washington · 2021
- United States Fire Insurance Company v. Icicle Seafoods IncDistrict Court, W.D. Washington · 2021