Opinion

Maritrans GP Inc. v. Pepper, Hamilton & Scheetz

  • 529 Pa. 241
  • 602 A.2d 1277
  • 1992 Pa. LEXIS 36
Court
Supreme Court of Pennsylvania
Filed
Jan 29, 1992
Status
Published
Author
Flaherty
On the bench
Nix, Larsen, Flaherty, McDermott, Zappala, Papadakos, Cappy
Cited by
164 cases

recognizing “the common-law foundation for the principle that an attorney’s representation of a subsequent client whose interests are materially adverse to a former client in a matter substantially related to matters in which he represented the former client constitutes an impermissible conflict of interest actionable at law”

How later courts described this case

  • recognizing “the common-law foundation for the principle that an attorney’s representation of a subsequent client whose interests are materially adverse to a former client in a matter substantially related to matters in which he represented the former client constitutes an impermissible conflict of interest actionable at law”
  • describing the fiduciary duty owed by attorneys to their clients and stating that “attorneys are bound ... to perform their fiduciary duties properly. Failure to so perform gives rise to a cause of action ... [and] ... such duty demands undivided loyalty and prohibits the attorney from engaging in conflicts of interest, and breach of such duty is actionable.”
  • stating that attorneys may be civilly liable for engaging in conduct, such as conflicts of interest, that violates their fiduciary duties to their clients
  • noting that, in reviewing a lower court’s reversal of a preliminary injunction order, the facts are "taken in a light most favorable to ... the winner at the trial court level”

Written by the judges who cited it.

The opinion

FLAHERTY, Justice,

dissenting.

I join the dissenting opinion authored by Mr. Chief Justice Nix inasmuch as the record discloses consent was given by Maritrans to the arrangement and no actual breach of confidentiality is present, thus the remedy sought in this case is not warranted. The so-called “Chinese wall” defense, however, is fraught with problems, and, I strongly believe, should be scrutinized closely by the courts.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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