The NYLJ article did not discuss legal malpractice, but one wonders. Attorney who was a physician actually was in hosptial and observed plaintiff prior to surgery. There were problems, and plaintiff was referred to the physician-lawyer for a med mal case. Physician-lawyer didn’t tell client that he had seen him in the hospital [???] and the case went on for years. Lawyer leaves plaintiff attorney firm. Case comes up for trial, and physician-lawyer is served with a subpoena, and on the morning of the trial tells all. Case dismissed. Legal malpractice? The case: “A Woodmere attorney who is also a medical doctor received a public censure last week for an ethical lapse that occurred more than 10 years ago.
The Appellate Division, Second Department, admonished the lawyer, Sheldon E. Green, for failing to disclose a conflict of interest in a personal injury lawsuit against St. Joseph Hospital in Flushing.
The decision appears on page 19 of the print edition of today’s Law Journal.
In deciding upon a censure, the least severe punishment, the court considered Mr. Green’s claim that he was an inexperienced and na�ve attorney at the time, having only been practicing law for a short period. He has since moved away from medicine and into law. ”
Question: Why was a subpoena served on an attorney? Did everyone know he had observed in the hospital? Did the client know? How did defendant know to serve a subpoena ???