AGAIN AND LOST AGAIN, THAT MONEY WOULD BE AVAILABLE TO PAY ANY JUDGMENT THAT WAS RENDERED AGAINST HIM.
THE COMMISSIONER OF INSURANCE, HOWEVER, IS CHARGED WITH DETERMINING A FAIR MANNER OF SPREADING THE ASSETS TO COVER AS MANY CLAIMS AS POSSIBLE. AND IF THE INSURANCE COMMISSIONER GETS ALL OF THE MONEY TOGETHER AND HE REALIZES THAT DR. DAVOUDLARIAN WENT BACK TO ANOTHER TRIAL, AND MR. SLENKER DID THE BEST HE COULD, HE GAVE HIM HIS UNDIVIDED LOYALTY AND UNDIVIDED ATTENTION, AND THE BEST SKILL HE HAD, AND HE STILL LOST, AND IF THERE IS A JUDGMENT FOR A MILLION DOLLARS AGAINST HIM AGAIN, THAT BOND WOULD BE AVAILABLE TO PAY THE MILLION DOLLARS, IF THEY CAN KEEP IT IN VIRGINIA AND KEEP IT IN THE VIRGINIA COURTHOUSE.
NOW, THERE HAS BEEN A LOT OF TALK HERE ABOUT WHO WAS BEING THE LAWYER FOR WHO, AT WHAT TIME AND UNDER WHAT CIRCUMSTANCES. THERE IS NO QUESTION BUT THAT THE INSURANCE COMPANY HIRED MR. SLENKER TO BE THE LAWYER FOR THE DOCTOR. AND I'VE SAID A COUPLE OF TIMES ALREADY THAT THAT IMPOSED ON HIM, UNDER THE LAW, THE DUTY OF ABSOLUTE DEVOTION TO HIS INTEREST. BUT NOT TO ALL OF HIS INTERESTS. HIS INTEREST IN DEFENDING THIS LAWSUIT AND ONLY THIS LAWSUIT.
*765 AT SOME STAGE OF THE PROCEEDINGS, MR. SLENKER'S FIRM WAS NOTIFIED ABOUT THIS INSOLVENCY AND ABOUT THE COMMISSIONER TAKING OVER AND ALL THIS SORT OF THING. THE EVIDENCE IS UNDISPUTED, AND YOU COULD NOT FIND TO THE CONTRARY IF I SUBMITTED THE CASE TO YOU, THAT MR. SLENKER'S FIRM DID ACT AS THE COMMISSIONER'S LAWYER. MR. SLENKER DID ACCEPT THE COMMISSIONER AS A SECOND CLIENT. AND THERE IS NO PROBLEM IN SO DOING.
AND I WOULD AGREE WITH THE TESTIMONY OF MR. MILLER, WHO WAS BROUGHT HERE TODAY BY THE DEFENSE; THAT UNDER VIRGINIA LAW AND UNDER LOUISIANA LAW, AND ALMOST EVERYWHERE, THERE IS NO ETHICAL OR OTHER PROBLEM IN A LAWYER HAVING MORE THAN ONE CLIENT.
NOW, A LAWYER DOESN'T HAVE TO HAVE MORE THAN ONE CLIENT, BUT HE CERTAINLY MAY, IF HE WISHES, ACCEPT MORE THAN ONE CLIENT, EVEN WHERE ONE OF THE CLIENTS IS AN INSURED PERSON UNDER AN INSURANCE POLICY AND THE OTHER CLIENT IS THE INSURANCE COMPANY WHO ISSUED THE POLICY. AND CERTAINLY, BOTH CLIENTS HAVE TO GO ALONG WITH THAT.
BUT THERE IS NO PROBLEM WITH IT, LEGALLY, ETHICALLY, OR ANYTHING ELSE. AND THE LAWYER OWES THE SAME DUTY OF FIDELITY AND LOYALTY TO BOTH CLIENTS WHEN HE ACCEPTS THAT REPRESENTATION. AGAIN, IT'S NOT AN AGREEMENT TO BE THE LAWYER FOR ALL PURPOSES, BUT IT'S TO BE THE LAWYER FOR WHATEVER PURPOSE IT IS THAT IS SPECIFIED.
IN THIS CASE, IT WAS AN AGREEMENT TO BE THE LAWYER FOR THE COMMISSIONER OF INSURANCE, AT LEAST IN FILING SOME MOTIONS FOR STAY ORDERS AND THAT SORT OF THING IN CASES IN VIRGINIA, AND MR. SLENKER'S FIRM DID THAT. DID IT SUCCESSFULLY ON SOME OF THEM, I UNDERSTAND. THAT IS ACTING AS A LAWYER