When a law firm’s partner represents a city department at an advisory arbitration, the principles of due process prohibit the decision maker from being advised on the matter by a different partner from the same law firm. That’s because the law partners owe each other fiduciary duties and the advisory partner is in the position of reviewing the efficacy of the advocate’s work, there is a clear appearance of bias that is so high it can’t be constitutionally tolerated. Sabey v. City of Pomona (CA2/2 4/16/13 B239916)
Disclaimer: Our blog uses recent cases involving employment law issues. Our office does not represent parties in these cases. The cases are used for information purposes only, and should not be considered legal advice.