Sharon Devine Et Al

Sharon Devine et al. v. Malcolm Beinfield, M.D.

CV 930131721S

SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF STAMFORD - NORWALK, AT STAMFORD

1997 Conn. Super. LEXIS 1966

July 16, 1997, Decided
July 18, 1997, Filed

Memorandum of Decision Re: Motion to Disqualify (# 149)

This motion seeks to disqualify the law firm of Silver, Golub and Teitell from this case based on the hiring of Sue West a former paralegal at Rosenblum and Filan by Silver, Golub and Teitell.

The parties have agreed to a set of stipulated facts which are attached hereto and are made part of this decision. It is clear to this court that the law firm will be disqualified if: (1) the non-lawyer has revealed confidential information about former clients to any person in the new firm. (The facts stipulate that this has not happened since employment has not begun) and (2) The non-lawyer must be "screened" from access to and involvement with information and matters involving all clients of the former firm, including an admonition to the non-lawyer of the critical obligation to protect the interest of the former client.

This court is satisfied that an ethical wall has been built around the paralegal [*2] Sue West. In the Memorandum In Opposition To The Motion For Disqualification, there is an affidavit of Ernest F. Teitell a partner in the law firm of Silver, Golub and Teitell. In that affidavit there is laid out in thirteen consecutive paragraphs all of the procedures that will be followed to create the ethical wall for this paralegal. The court attaches that affidavit hereto as part of this decision. In addition, the affidavit of Susan West consisting of twelve numbered paragraphs is attached hereto.

The court is satisfied that Sue West has not provided any confidential information or any information about any previous Rosenblum client or case to Silver and Golub. That there has been set up effective screening procedures and other administrative procedures to ensure that Sue West will not be working on any Rosenblum cases. Furthermore, at the time of the hearing she had not begun employment.

The court is satisfied that there is adequate screening. The court does not subscribe to the argument that as a matter of law screening would be ineffective when a non-lawyer switches employment to "the other side." The ABA opinions indicate a law firm can set up appropriate screening [*3] and administrative procedures to prevent the non-lawyer from working on the other side of those common cases and disclosing confidential information.

The court is satisfied that a strong showing of adequate and detailed procedures will be set up and utilized in matters concerning Sue West at the law firm of Silver, Golub and Teitell, as it relates to Rosenblum cases.

Accordingly, the Motion To Disqualify is denied.

KARAZIN, J.

Stipulated Statement of Facts Regarding Sue West

1. Sue West is a nurse who had practiced nursing for several years before becoming a legal assistant.

2. Ms. West became a legal assistant in the firm of Rosenblum & Filan in May of 1995 and worked there as a legal assistant for nearly two years, when she resigned in January, 1997.

3. Ms. West resigned to accept an offer of a position as a legal assistant at Silver Golub & Teitell.

4. Rosenblum & Filan is one of several law firms in Fairfield County which concentrates in the defense of physicians in medical liability cases.

5. These physicians are insured by the Connecticut Medical Insurance Company.

6. Silver Golub & Teitell concentrates in representing plaintiffs [*4] suing physicians and hospitals for medical malpractice. Many of these physicians are insured by the Connecticut Medical Insurance Company. Further, several of these physicians are represented by Rosenblum & Filan.

7. Silver Golub & Teitell has five pending medical malpractice cases with Rosenblum & Filan. In addition, they have two fire cases that will be going into suit shortly which Rosenblum & Filan will be defending.

8. In all of these cases, the injuries alleged are extremely serious. For example, in Devine v. Beinfield, [1997 Conn. Super. LEXIS 1966] plaintiff alleges that there was a delay in diagnosing breast cancer, and, as a result, her cancer significantly metastasized. The plaintiff is the mother of young children. In another case, namely, Ruscoe v. Elisofon, the plaintiff alleges that the Rosenblum & Filan defendant failed to promptly diagnosis a condition in an infant leading to brain damage.

9. Ms. West took an active role in all aspects of the cases where Silver Golub represented the plaintiff.

10. Ms. West called the defendants in these cases and received calls from the defendants.

11. Ms. West attended conferences with these defendants where attorneys interviewed [*5] these defendants.

12. Ms. West attended conferences with these defendants where she herself interviewed the defendants.

13. Ms. West reviewed the medical records pertaining to these cases.

14. Ms. West reviewed confidential memoranda regarding these cases.

15. Ms. West prepared analyses of the strengths and weaknesses of cases for defense counsel and for insurers.

16. In some cases, Ms. West participated in locating and selecting experts for cases.

17. In all cases, Ms. West participated in interviewing experts and exploring their evaluations of cases.

18. Ms. West prepared confidential memoranda regarding her interview of experts.

19. Ms. West's confidential memoranda included the expert's evaluation of the strengths and weaknesses of claims in these cases.

20. If an expert was not supportive of a defendant, and were therefore not disclosed, she would write confidential reports to insurers explaining why the experts criticized the defendant's care.

21. In some cases, Ms. West discussed the financial status of defendants with them in connection with litigation.

22. In some cases, Ms. West discussed some physicians' emotional response [*6] to litigation.

23. The physicians were explicitly told to speak candidly and freely with Ms. West because of her substantive involvement in cases and her nursing background and because it was necessary for her to have all possibly material facts in assisting in the defense of cases.

24. The physicians were explicitly told that all their discussions with Ms. West were protected by the attorney-client privilege and that they could be assured that their conversations would not, in any respects, be disclosed to third parties much less plaintiff's attorneys.

25. Ms. West had multiple discussions with claims representatives from Connecticut Medical Insurance Company concerning the conversations with the defendants and experts in these cases.

26. Ms. West prepared confidential reports to Connecticut Medical Insurance Company concerning the conversations with the defendants and experts in these cases.

27. Ms. West discussed defense strategy in these cases with defense counsel.

28. Ms. West discussed defense strategy in these cases with claims representatives of insurers.

29. Silver Golub is one of the two firms which is known for specializing in representing [*7] plaintiffs in medical malpractice cases in Fairfield County.

30. In addition to the cases in which Rosenblum & Filan represents defendants, Silver Golub has other cases in which physician defendants are insured by Connecticut Medical Insurance Company.

31. All of the cases which Ms. West handled are currently pending.

32. The foregoing sees forth the parameters of the discussions between Ms. West, counsel for the defendants, and the claims representatives of the defendants' insurer. Details of the conversations, of course, cannot be disclosed and attributions to specific individuals cannot be disclosed because of the attorney-client privilege.

The Defendant

By

JAMES ROSENBLUM

ROSENBLUM & FILAN

One Landmark Square

Stamford, CT 06901

(203) 358-9200

JN: 051555

CERTIFICATION

I hereby certify that a copy of defendant's STIPULATED STATEMENT OF FACTS REGARDING SUE WEST were sent via Certified Mail on this 21st day of May, 1997 to the following (there are no pro se parties):

Ernest F Teitell

Silver Golub & Teitell LLP

PO Box 389

184 Atlantic Street

Stamford, Connecticut 06904

John P Flanagan

[*8]

Pullman & Comley

850 Main Street

PO Box 7006

Bridgeport, CT 06601-7006

James B Rosenblum

Affidavit

I, Ernest F. Teitell, being duly sworn, depose and state:

I am an attorney admitted to the practice of law in the State of Connecticut.

2. I am over 18 years of age and I understand the obligation of an oath.

3. I am a partner in the law firm of Silver Golub & Teitell in Stamford, Connecticut.

4. I interviewed Susan West when she responded to a classified ad in the Stamford Advocate for a paralegal.

5. Ms. West has been offered a position as a paralegal by Silver Golub & Teitell. However, her employment is being forestalled pending resolution of defendant's Motion to Disqualify in this matter.

6. At my first meeting with Ms. West, I indicated to her that I was aware that Silver Golub & Teitell and Rosenblum & Filan handled cases in common and that she could not divulge any information about any Rosenblum & Filan client or case in any of our meetings or discussions.

7. Ms. West was also interviewed briefly by Jonathan Mannina, an associate with Silver Golub & Teitell.

8. In addition, Ms. West was interviewed [*9] by my legal assistant, Jule Bowers.

9. At no time did Ms. West discuss any Rosenblum & Filan cases or clients or provide any Silver Golub & Teitell employee or representative with confidential information or other information about Rosenblum & Filan cases or clients.

10. I also made it clear to Ms. West that at no time could she ever divulge any information about any case or client of Rosenblum & Filan or impart any confidential information to anyone at Silver Golub & Teitell. Ms. West agreed to this condition.

11. Silver Golub & Teitell offered Ms. West a position as a paralegal with the firm, although she has yet to begin employment.

12. It is our intention to institute the following administrative procedures prior to Ms. West's beginning employment with the firm:

a. Sue West will not work on or have access to any existing files jointly handled by Silver Golub & Teitell and Rosenblum & Filan.

b. Sue West will not work on any future files Silver Golub & Teitell have with Rosenblum & Filan once those files have been identified as being handled by Rosenblum & Filan.

c. That all files jointly handled by Silver Golub & Teitell and Rosenblum [*10] & Filan will be flagged and segregated into separate filing cabinets.

d. That no employee or representative of Silver Golub & Teitell will speak with or about to Sue West any of the files or matters that are represented by Rosenblum & Filan.

e. That formal written procedures encompassing conditions 1-4 above will be distributed to all Silver Golub & Teitell employees.

f. That Sue West will not speak to anyone at Silver Golub & Teitell about any matters that occurred at Rosenblum & Filan, including, but not limited to the following:

i. any of the matters and/or cases she worked on and/or received knowledge about while employed at Rosenblum & Filan;

ii. any information about any client of Rosenblum & Filan;

iii. any information about the internal workings of Rosenblum & Filan;

iv. any information obtained about any expert witnesses that were retained by Rosenblum & Filan.

g. That all of these conditions will be put in writing and will be agreed to and signed by Sue West and Silver Golub & Teitell.

13. Silver Golub & Teitell has sufficient other paralegals and personnel to accommodate the necessary [*11] work on cases common to Silver Golub & Teitell and Rosenblum & Filan.

By:

ERNEST F. TEITELL

SILVER GOLUB & TEITELL

184 ATLANTIC STREET

P.O. BOX 389

STAMFORD, CT 06904

(203) 325-4491 JURIS # 58005

Subscribed and sworn before me this 3rd day of April, 1997.

Commissioner of the Superior Court