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BabyBarista is a fictional account of a pupil barrister undergoing the trials of pupillage at the English Bar. Subscribe to a feed of this Times Online blog at http://timesonline.typepad.com/baby_barista/rss.xml

« Year 2, week 27: Barrister4Hire | All Posts | Year 2, week 27: crossing the line »

April 03, 2008

Year 2, week 27: conflict of interest

It seems my instincts about the involvment of Dr4Hire and SlipperySlope in the same case may have been justified. Went to see OldSmoothie last night about the case. “I know he’s a sneaky one BabyB but this time SlipperySlope really is playing it close to the line. Well, truth be told well over the line actually.”
“But how can you pin that down other than they’re both a bit dodgy?”
“It’s worse than that BabyB. Those two are thick as thieves and have been for years. Are you telling me you simply don’t know how it works?”
“How what works?”
“Have you never wondered why Dr4Hire gets so many cases?”
“Because he says what claimant solicitors want him to say?”
“That certainly helps.  But what do you think it is that gets him through the front door in the first place?”
“Ah, that they were friends?”
“Not even just that. I’m sure old Slippery’s mates with lots of doctors. It’s much simpler than that. Dr4Hire gives Slippery&Co the contact details for all patients who come through the doors of accident and emergency in his hospital with any sort of injury whatsoever. Slippery&Co chase these up and get the cases. Then when it comes to getting a medical report they conveniently instruct a certain Dr4Hire.”

Oh. I had a think about this and slowly got my head around what goes on.  “It’s pretty standard BabyB. Saves Slippery&Co having to buy cases from some accident management company for a few hundred quid a pop.

Oh. But then I asked, “So now that Slippery’s been instructed in a case in which Dr4Hire is potentially the defendant, surely he has an ob vious conflict of interest?”
“Undoubtedly the case, BabyB. Except Slippery can’t exactly admit that he has such a conflict as it would expose his whole scheme. Also, my guess is that he figures he will be best placed to help put an end to the case now and save Dr4Hire’s thick skin in the process.”
“Even though Dr4Hire doesn’t appear to have done anything wrong.”
“BabyB, you really have got some learning to do, haven’t you?”

I still looked a little lost. “Why?”
“Think about it BabyB. The case arrives on Slippery’s desk. He rings his mate Dr4Hire and tells him that unless the medical records state that he gave a clear warning about the risks of the operation he might be in trouble. You think having gotten to know Dr4Hire that he’s not simply going to get straight onto that computer and amend those records before anyone even gets the chance to check?”
“Yes, but surely that would come out if we got a computer expert to check the computer.”  This being a subject I know just a little too much about already, TheBoss having fallen for this during my pupillage.
“Absolutely right BabyB. Which is why a little oik like you gets to advise on what is potentially a massive case, rather than the likes of me. Precisely because you will put the case to bed before it even gets to that stage.”
“So what would you suggest I do?”
“Your call BabyB. If you want an easy life, just give him the advice he wants. You’re not asked to gather your own evidence and you can put everything I’ve just told you down to gossip, hearsay and speculation. Do your job and advise on the evidence before you.” He paused, before continuing, “Unless of course you want to get a reputation for taking on ambulance chasers such as Slippery in which case you can forget about having any sort of lucrative claimant practice ever again.”

Oh.

Posted on April 03, 2008 | Permalink Bookmark and Share

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Comments

brilliant BabyB... Glad you're back.

Posted by: BSQ | Apr 3, 2008 10:35:47 PM

That may be, but your pretty much guaranteed to acquire an even more lucrative Defendant practice - and insurers pay privately, no CFA's.

Posted by: Matthew H | Apr 4, 2008 10:40:32 AM

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