This Article will not survey and catalog all available cases dealing with the "insurance counsel's tightrope." Instead, it will focus on the identification and resolution of conflicts of interest that may arise at various stages of the litigation of a medical malpractice action in which a lawyer has been retained to represent the interests of both the physician policy-holder and his insurance carrier. Many of the problems examined are applicable to all insurance defense litigation, and the combination of large claims and complex issues presented in medical malpractice cases, together with the distrust of lawyers shared by many doctors, provides particularly fertile ground for conflicts of interests and legal malpractice claims.
Richard H. Underwood, The Doctor and His Lawyer: Conflicts of Interest, 30 U. Kan. L. Rev. 385 (1982).