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P1423 An attorney who no longer represents a client has a continuing fiduciary duty to protect their prior confidential relationship, so it is misconduct for an attorney who represented a party against whom a default judgment was taken to be substituted in place of the judgment-creditor as respondent in an appeal taken by the client from the default judgment; the fact that the client was separately suing the attorney for malpractice did not justify violation of the continuing fiduciary duty; upon denying the attorney's motion to be substituted as respondent in the appeal, the court awarded sanctions against the attorney and against the attorney representing the attorney.CitationSTYLES v MUMBERT (J-Debtor's Attorney) 164 CA4 1163 [See: Rules of PC 3-100 , 3-200, 3-300, 3-310; B&PC 6077, 6068, 6128, 6129; Frazier v Superior Court 97 CA4 23, P/AT 5/02; Fox v Paladino 89 CA4 294, T/AT 6/01]
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