Conflict of interest is a serious problem which affects the objectiveness of the decisions and activity of the officials. It is true that in a situation of retained counsel, "[u]nless the trial court knows or reasonably should know that a particular conflict exists, the court need not initiate an inquiry." It was, rather, much closer to Cuyler, since any notice to a court went only to a conflict, if there was one, that had pervaded a completed trial proceeding extending over two years. 2d, at 613-615, this case calls for nothing more than the application of the prospective notice rule announced and exemplified by Holloway and confirmed in Cuyler and Wood. In resolving this case on the grounds on which it was presented to us, we do not rule upon the need for the Sullivan prophylaxis in cases of successive representation. The investment bank is supposed to pursue the interests of their clients. It was shorthand for the statement in Sullivan that "a defendant who shows that a conflict of interest actually affected the adequacy of his representation need not demonstrate prejudice in order to obtain relief." Compare 240 F.3d 348, 357 (CA4 2001) (en banc), with Tr. Three weeks before trial, counsel moved for separate representation; the court held a hearing and denied the motion. The irrationality of taxing defendants with a heavier burden for silent lawyers naturally produces an equally irrational scheme of incentives operating on the judges. Kennedy, J., filed a concurring opinion, in which O'Connor, J., joined. Proc. The Government contends that not requiring a showing of adverse effect in no-objection cases would "provide the defense with a disincentive to bring conflicts to the attention of the trial court, since remaining silent could afford a defendant with a reliable ground for reversal in the event of conviction." The court concluded that petitioner had not demonstrated adverse effect. Wells Fargo was fined $185 million by regulators, including the Consumer Financial Protection Bureau.As our video " Conflict of Interest " indicates, it is often in an employee's best interest not to do what benefits his or her employer. Despite knowledge of the lawyer's prior representation, she violated that duty. For example, at the time of Hall's death, Saunders was representing Hall in juvenile court for charges arising out of an incident involving Hall's mother. Post, at 6-7 (dissenting opinion). In order to circumvent Sullivan's clear language, Justice Stevens suggests that a trial court must scrutinize representation by appointed counsel more closely than representation by retained counsel. In that vein, Saunders apparently failed to follow leads by looking for evidence that the victim had engaged in prostitution, even though the victim's body was found on a mattress in an area where illicit sex was common. In Holloway v. Arkansas, 435 U.S. 475, the Court created an automatic reversal rule where counsel is forced to represent codefendants over his timely objection, unless the trial court has determined that there is no conflict. United States v. Cronic, 466 U.S. 648, 658 (1984). Second, the conflict is exacerbated by the fact that it occurred in a capital murder case. And the Holloway Court said that once a conflict objection is made and unheeded, the conviction "must be reversed . He had a duty to protect the reputation and confidences of his deceased client, and a duty to impeach the impact evidence presented by the prosecutor.4, Saunders' conflicting obligations to his deceased client, on the one hand, and to his living client, on the other, were unquestionably sufficient to give Mickens the right to insist on different representation.5 For the "right to counsel guaranteed by the Constitution contemplates the services of an attorney devoted solely to the interests of his client," Von Moltke v. Gillies, 332 U.S. 708, 725 (1948).6 Moreover, in my judgment, the right to conflict-free counsel is just as firmly protected by the Constitution as the defendant's right of self-representation recognized in Faretta v. California, 422 U.S. 806 (1975).7. Id., at 202-217; Lodging to App. The majority does not expressly repudiate that duty, see ante, at 4-5, which is too clear for cavil. After identifying this conflict of interests, the Court declined to inquire whether the prejudice flowing from it was harmless and instead ordered Glasser's conviction reversed." 3-14. App. . For that reason, it held respondent bound to show "that a conflict of interest actually affected the adequacy of his representation." Along with the OPM victims, CyberTech represents clients from some of the OPM breach suspect companies in unrelated cases, which could appear to be a conflict of interest. Our role is to defer to the District Court's factual findings unless we can conclude they are clearly erroneous. Contrary to the majority's conclusion, see ante, at 6-7, n.2, there was no tension at all between acknowledging the rule of reversal to be applied when a judge fails to enquire into a known risk of prospective conflict, Wood, 450 U.S., at 272, n.18, while at the same time sending the Wood case itself back for a determination about actual, past conflict, id., at 273-274. This was a crucial omission--a finding of forcible sodomy was an absolute prerequisite to Mickens' eligibility for the death penalty.3 Of course, since that strategy would have led to conviction of a noncapital offense, counsel would have been unable to persuade the defendant to divulge the information necessary to support such a defense and then ultimately to endorse the strategy unless he had earned the complete confidence of his client. 1979, No. Ukraine's missing millions 7. Cf. Mickens had a constitutional right to the services of an attorney devoted solely to his interests. But when the problem of conflict comes to judicial attention not prospectively, but only after the fact, the defendant must show an actual conflict with adverse consequence to him in order to get relief. Particularly galling in light of the first two cases is the majority's surprising and unnecessary intimation that this Court's conflicts jurisprudence should not be available or is somehow less important to those who allege conflicts in contexts other than multiple representation. 3 Ibid. Petitioner's proposed rule of automatic reversal when there existed a conflict that did not affect counsel's performance, but the trial judge failed to make the Sullivan-mandated inquiry, makes little policy sense. Cf. Id., at 272. As a reviewing court, our role is not to speculate about counsel's motives or about the plausibility of alternative litigation strategies. But even assuming the unlikely case of a savvy lawyer who recognizes a potential conflict and does not know for sure whether to object timely on that basis as a matter of professional ethics, an objection on the record is still the most reliable factually sufficient trigger of the judicial duty to enquire, dereliction of which would result in a reversal, and it is therefore beyond the realm of reasonable conjecture to suggest that such a lawyer would forgo an objection on the chance that a court in postconviction proceedings may find an alternative factual basis giving rise to a duty to enquire. App. Ante, at 10. Despite Justice Souter's belief that there must be a threat of sanction (to-wit, the risk of conferring a windfall upon the defendant) in order to induce "resolutely obdurate" trial judges to follow the law, post, at 20, we do not presume that judges are as careless or as partial as those police officers who need the incentive of the exclusionary rule, see United States v. Leon, 468 U.S. 897, 916-917 (1984). 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Offutt v. United States, 348 U.S. 11, 14 (1954). Holloway presumed, moreover, that the conflict, "which [the defendant] and his counsel tried to avoid by timely objections to the joint representation," id., at 490, undermined the adversarial process. ("[T]he record here confirms that Saunders did not learn any confidential information from Hall that was relevant to Mickens' defense either on the merits or at sentencing" (emphasis deleted)). See Cuyler, supra, at 349. Despite knowledge of this, Mickens' lawyer offered no rebuttal to the victim-impact statement submitted by Hall's mother that "`all [she] lived for was that boy.' As an initial matter, the 7-to-3 en banc majority determined that petitioner's failure to raise his conflict-of-interest claim in state court did not preclude review, concluding that petitioner had established cause and that the "inquiry as to prejudice for purposes of excusing [petitioner's] default incorporates the test for evaluating his underlying conflict of interest claim." 435 U.S., at 487, 491. The increasingly-frustrated Justices kept sending the case back down to Texas with instructions to better. On April 6, 1992, the same judge appointed Saunders to represent petitioner. The State indicated that defense counsel labored under a possible conflict of interests between the employer and the defendants, but it was not the conflict in issue here, and so, from the Wood Court's perspective, the State's objection, though a relevant fact in alerting the judge like the fact of multiple representation in Cuyler, v. Sullivan, 446 U.S. 335 (1980), was not sufficient to put the judge on notice of his constitutional duty to enquire into a "particular conflict," id., at 347. The state judge, however, did nothing to discharge her constitutional duty of care. The nub of the question before us is whether the principle established by these cases provides an exception to the general rule of Strickland under the circumstances of the present case. For that reason it is "the solemn duty of a judge before whom a defendant appears without counsel to make a thorough inquiry and to take all steps necessary to insure the fullest protection of this constitutional right at every stage of the proceedings." The notion that Wood created a new rule sub silentio is implausible. We declined to extend Holloway's automatic reversal rule to this situation and held that, absent objection, a defendant must demonstrate that "a conflict of interest actually affected the adequacy of his representation." Brief for United States 9, 26-27. Without inquiry, the trial court had denied counsel's motions for the appointment of separate counsel and had refused to allow counsel to cross-examine any of the defendants on behalf of the other two. Relying on Cuyler v. Sullivan, 446 U.S. 335 (1980), the court held that a defendant must show "both an actual conflict of interest and an adverse effect even if the trial court failed to inquire into a potential conflict about which it reasonably should have known," 240 F.3d, at 355-356. 1824). And in any event, the Sullivan standard, which requires proof of effect upon representation but (once such effect is shown) presumes prejudice, already creates an "incentive" to inquire into a potential conflict. Loyalty to a client is also impaired when a lawyer cannot consider, recommend or carry out an appropriate course of action for the client because of the lawyer's other responsibilities or interests"). and other data for a number of reasons, such as keeping FT Sites reliable and secure, order now. The Court had just cited and quoted Holloway v. Arkansas, 435 U.S. 475 (1978), which held that the judge was obligated to enquire into the risk of a prospective conflict, id., at 484. As that duty vanishes, so does the sensible regime under which a defendant's burden on conflict claims took account of the opportunities to ensure against conflicted counsel in the first place. The judge's duty independent of objection, as described in Cuyler and Wood, is made concrete by reversal for failure to honor it. Although the record does . He also objected to the lack of an RFP. 4.2.3 Episode Three: Three Solid Cases of Conflict Interest in the Department of Education 200-222 U nive rsity of P re toria e td - K a ny a ne , M H (2 0 0 6 ) vi 4.2.4 Episode Four: The Implementation of Hospital Information System (HIS) in the Limpopo Province, Department of Health and Welfare, for R116 million 222-229 . It must be said, however, that the language of Sullivan itself does not clearly establish, or indeed even support, such expansive application. as in the case of Apple. I-IV (2001) (reprinting the professional responsibility codes for the 50 States). For example, a conflict of interest would arise if one law firm tried to represent both parties in a divorce case. Lest today's holding be misconstrued, we note that the only question presented was the effect of a trial court's failure to inquire into a potential conflict upon the Sullivan rule that deficient performance of counsel must be shown. If the defendant is found guilty of a capital offense, the ensuing proceedings that determine whether he will be put to death are critical in every sense of the word. Sullivan, 446 U.S., at 346. Wood, supra, at 272, n.18. the public defender could not be expected to investigate possible conflicts of interest or to give codefendants unbiased advice concerning their right to separate . When a conflict of interest, whether multiple, successive, or otherwise, poses so substantial a risk that a lawyer's representation would be materially and adversely affected by diverging interests or loyalties and the trial court judge knows of this and yet fails to inquire, it is a "[c]ircumstanc[e] of [such] magnitude" that "the likelihood that any lawyer, even a fully competent one, could provide effective assistance is so small that a presumption of prejudice is appropriate without inquiry into the actual conduct of the trial." Second, is whether, assuming disclosure of the prior representation, the capital defendant has a right to refuse the appointment of the conflicted attorney. Since the Wood judge's duty was unlike the Holloway judge's obligation to take care for the future, it would have made no sense for the Wood Court to impose a Holloway remedy. His lab conducts basic and applied sciences and attracts a steady stream of extramural funds. V), in the United States District Court for the Eastern District of Virginia, alleging, inter alia, that he was denied effective assistance of counsel because one of his court-appointed attorneys had a conflict of interest at trial. Mickens' habeas counsel garnered evidence suggesting that Hall was a male prostitute, App. (footnote omitted). This Court held that multiple representation did not raise enough risk of impaired representation in a coming trial to trigger a trial court's duty to enquire further, in the absence of "special circumstances. 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