concurring specially.
As for Division 2 of the majority opinion, I concur in the judgment only. I abhor the apparent balancing of ethics versus need, I foresee that the “actual conflict of interest” test will add to the all too numerous post-conviction issues. Hopefully, the court’s adoption of the case-by-case approach will, after a number of such cases has been decided, result in a more precise rule. Therefore, I reluctantly concur in the judgment.