These same attorneys then proceeded to represent DFEH in connection with these intervention proceedings, which seek to oppose the consent decree that arose out of the very investigation they helped to direct while at the EEOC. Such representation is prohibited by California Rule of Professional Conduct 1.11(a)(2), and this conflict is imputed to all DFEH attorneys by virtue of California Rule of Professional Conduct 1.11(b) because of DFEH’s failure to screen the individual attorneys.
After being informed of this conflict, DFEH retained new counsel but appears to have filed the present intervention motion just hours after this counsel was retained, strongly suggesting that the motion is a product of the prohibited representation. For this reason, the intervention motion should be disallowed and DFEH attorneys should be barred from providing work product to, or advising, new counsel in connection with these intervention proceedings.