Between 2001 and 2006, a law firm represented Hryar Shahinian, a medical doctor, in five medical malpractice actions. In 2006, Shahinian sued the firm and an attorney, a member of the firm, for malpractice and breach of fiduciary duty. In the underlying medical malpractice case, the lawyers represented a hospital where Dr. Shahinian performed surgery causing severe brain damage to a minor. The doctor was not named as a defendant in the case until after his deposition was taken where he was allegedly questioned harshly about a prior medical malpractice lawsuit. Shahinian also claimed the lawyer disclosed confidential information about him as a result of prior representation. The trial court granted defendants’ motions for summary judgment on the grounds that plaintiff could not establish that defendants owed him a duty of loyalty as a current client or that they breached the duty of confidentiality owed to him as a former client. The judgment was affirmed on appeal.
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