Old Friends
| Jurisdiction | Kansas,United States |
| Citation | Vol. 66 No. 11 Pg. 18 |
| Pages | 18 |
| Publication year | 1997 |
66 J. Kan. Bar Assn. November, 18 (1997). OLD FRIENDS
November, 1997
Vice President - Risk Management: The Bar Plan Mutual Insurance Co.
Copyright (c) 1997 of the Kansas Bar Association; Daniel M. Zureich
Sam Smith and Jake Jones have been good friends since law school. Upon graduation, Smith decided to hang a shingle in Lawrence. Jones decided to work for a large firm in Johnson County. Smith has a general practice. Jones' practice consists primarily of insurance defense. The old law school friends stay in touch by talking on the phone at least once a month and meeting for dinner whenever their busy schedules permit.
One hot summer afternoon, just as Smith is closing shop to leave early for the lake, into his office limps Mr. Donald Duncan. Duncan says that he was seriously injured at home on a doughnut maker manufactured by Flying Doughnut, Inc., and wants Smith to represent him. Smith responds that he has never before undertaken a products liability case. Insisting that Smith represent him, Duncan cites instances of what Smith has done for several friends. Smith makes it abundantly clear that he will take the case only if his client permits him to consult with another lawyer who specializes in products liability litigation, and he may have to disclose some information about the case during the consultation. After executing a written fee agreement and obtaining his client's consent, Smith calls Jake Jones for some advice. Jones, looking forward to helping his old friend, is more than happy to discuss the matter.
Smith does not provide Jones with detailed information about the case, not the identity of his client, the defendant or the insurer, but does provide enough information to discuss potential issues and problems and the manner in which the case should proceed. At the end of the conversation, Smith offers to pay Jones a consulting fee for the great advice he has given. Jones refuses. "After all" he says, "what are good friends for."
Thanks to his friend, Smith realizes that he has a very complicated case and convinces Duncan of the need for co-counsel. After finding out that his portion of any settlement would not be affected, Duncan agrees. Smith suggests Debbie Doe, a well known products liability lawyer who has handled many complicated products liability cases and has many big verdicts to her credit, including some against defendants represented by Jones. Duncan approves without...
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