Ethics Hotline & Opinions

ETHICS DOCKET NO. 1987-45

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MARYLAND STATE BAR ASSOCIATION, INC.

COMMITTEE ON ETHICS

ETHICS DOCKET NO. 1987-45

Conflicts: Suit against co-counsel for malpractice


The factual situation you relate is that you commenced representing the subject plaintiffs in a medical malpractice action at the Circuit Court level about late 1984 or early 1985. Before your appearance in the case, original counsel (now nominal co-counsel) failed to comply with discovery requirements resulting in dismissal. You are presently seeking certiorari in the Court of Appeals, however, in the event you are unsuccessful in overturning dismissal, plaintiffs indicate a desire for you to represent them suing co-counsel for legal malpractice. You inquire whether the Maryland Rules of Professional Conduct contain any prohibitions regarding your representation of plaintiffs against co-counsel.

The Committee on Ethics is not aware of any such prohibition and notes you are guided by Rule 1.7 (b) and (c) as to any conflict of interest regarding co-counsel.

Ethics Opinion 84-84 may be informative regarding the ethical duties of your co-counsel in this situation. That opinion construes the former Code of Professional Responsibility but is essentially unchanged by the new Rules of Professional Conduct.


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