ISBA Ethics Opinions on Multiple Representation

  • Opinion 09-02 | Conflict of Interest | Imputed Disqualification | Multiple Representation
    Concurrent representation of physician and co-defendant hospital in unrelated matters

    In a medical malpractice lawsuit where a physician and hospital are individual defendants with directly adverse positions, it is a conflict of interest for an attorney to represent the physician if the attorney’s law firm also represents the same hospital in other unrelated medical malpractice lawsuits unless the attorney reasonably believes the representation will not adversely affect the relationship with the other client and each client consents after disclosure. It is also a conflict of interest for an attorney to represent a physician in a medical malpractice lawsuit when the attorney also represents another physician in a unrelated medical malpractice lawsuit who will most likely be a witness against the first physician.

ISBA Advisory Opinions on Professional Conduct are prepared as an educational service to members of the ISBA. While the opinions express the ISBA interpretation of the Illinois Rules of Professional Conduct and other relevant materials in response to a specific hypothesized fact situation, they do not have the weight of law and should not be relied upon as a substitute for individual legal advice. For more information, call the ISBA Legal Department at (217) 525-1760 or (800) 252-8908.

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