by steelmanlaw on Tue Nov 24, 2009 4:06 pm
the "real" conflict here is between A/A and A. A has an interest in proceeding with admissible, credible evidence with no unnecessary litigation just to make A/A's spouse happy. this is self-referral in that sense, but even more so a breach of the duty of loyalty and competent provision of legal duties to the client; whether or not a 4906(g) violation, the referral puts A/A's interests in direct conflict with A's interests. now, there could be any exception, such as where A/A's spouse/doc is highly specialized and is actually the best choice for A. however, in the absence of this unlikely scenario, which should be mitigated by referral to an independent attorney to consult with A, not only does it not pass the smell factor, it smells all the way to the State Bar Trial Counsel's office in downtown San Fran.
but that's just me.