The answer is probably not, and the better practice is not to. Further, there is grave danger in doing so because if later conflicting interests are discovered, then the lawyer would have to withdraw his or her representation of all the doctors because of the receipt of confidential information. Lawyers representing several doctors or multiple criminal defendants or a driver and passenger should be very careful when there is the potential for conflict of interest.
The general conflict of interest rule is very clear. Under Rule of Professional Conduct 1.7(a), a lawyer can’t represent a client if it involves a concurrent conflict of interest. Concurrent conflict of interest is defined as when the representation of one client will be directly adverse to another client or when there is significant risk in the representation of one or more clients that the representation will be materially limited by the lawyer’s responsibility to another client, a former client or third person or the personal interest of the lawyer. In the situation involving medical malpractice, presumably all the doctors have medical liability insurance, since such insurance coverage is required by Pennsylvania law. The fact the lawyer is appointed by the insurance company doesn’t mean the insurance company is the client. On the contrary, each individual doctor or hospital is the client. Even if one starts out with a unified defense, that doesn’t change the situation. There could be differing degrees of liability or no liability on the part of a doctor. One doctor may well implicate the conduct of another doctor. Obviously, a lawyer cannot be representing one doctor if they are implicating another. Further, the lawyer cannot look out for his own interest in terms of representing all the doctors to incur a favor with the insurance company for future business.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
