In what appears to be the first move of its kind, a Philadelphia Common Pleas Court Judge has disqualified a defense attorney and his entire firm in a medical malpractice case because one of the firm’s lawyers communicated with the treating physician ex parte in violation of Civil Procedure Rule 4003.6.

“It’s the first opinion that lets everyone know that disqualification of counsel could result from a violation of the rule,” plaintiff’s attorney Alan Feldman of Philidelphia’s Feldman Shepherd & Wohlgelernter said. “Judge [Mark] Bernstein structured an appropriate remedy that gives some teeth to the rule, saying that you proceed at your peril if you violate the rule.”

This content has been archived.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 Advance® Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

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]