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Brown v. Contemporary OB/GYN Associates3/27/2002
ut this case whatsoever . .
[APPELLANTS' COUNSEL]: Who initiated the contact, Doctor?
[DR. OSBORNE]: Howard University.
[APPELLANTS' COUNSEL]: Did you have any telephone discussion with Mr. Armstrong?
[DR. OSBORNE]: I'm sure I did only to be notified that Howard has appointed him to represent me in the case against Howard.
[APPELLANTS' COUNSEL]: When was that, Doctor?
[DR. OSBORNE]: Oh, that was just before leaving for Venezuela. I don't remember the exact date. It must have been February 25th or thereabouts.
[APPELLANTS' COUNSEL]: Prior to February 2000, have you had any contact with Mr. Armstrong?
[DR. OSBORNE]: Only in court [with respect to the Brown matter].
[APPELLANTS' COUNSEL]: Did Mr. Armstrong advise you that - to inform the plaintiffs and their counsel of his potential representation?
[DR. OSBORNE]: I think he mentioned that we should talk about it. .
[DR. OSBORNE]: He asked me if I had any problem, if I foresaw any conflict with this. I said no, I will testify what I have to testify in court regardless of who I am appointed to, it would have absolutely no bearing whatsoever on my testimony [in the Brown case], and I haven't gotten in contact with him since then.
[APPELLANTS' COUNSEL]: Have you met Mr. Armstrong in person?
[DR. OSBORNE]: Yes, I have.
[APPELLANTS' COUNSEL]: When did you meet with him?
[DR. OSBORNE]: Just before leaving [the country]. I don't remember the exact date. . . .
[APPELLANTS' COUNSEL]: That was sometime in February?
[DR. OSBORNE]: Late February.
[APPELLANTS' COUNSEL]: What was the nature of the meeting?
[DR. OSBORNE]: Just to discuss what the [Singleton] case was all about, what involvement I had with the patient . . . .
[APPELLANTS' COUNSEL]: Now, the trip to Panama, when was it planned?
[DR. OSBORNE]: Oh, it was planned months in advance. I don't know if I have the program here. It's over a year ago.
[APPELLANTS' COUNSEL]: Did Mr. Armstrong have your telephone number [in Panama]?
[DR. OSBORNE]: No. . . .
[APPELLANTS' COUNSEL]: Doctor, before today have you advised the plaintiff of your role with Kenneth Armstrong, before this testimony that you are giving, have you ever contacted the plaintiffs about your involvement with Mr. Armstrong?
[DR. OSBORNE]: No.
[APPELLANTS' COUNSEL]: So if I didn't bring this up, Doctor, there's no way we would have known, correct?
[DR. OSBORNE]: Well, I don't know if there is any way.
[APPELLANTS' COUNSEL]: But it would not have come from you?
[DR. OSBORNE]: Not from me, no. (Emphasis added).
Armstrong recounted the chronology of his representation of Dr. Osborne, explaining that Howard Hospital first contacted him in late December 1999. Thereafter, on January 5, 2000, Armstrong talked to Dr. Osborne for the first time, and told him that he wanted to meet after completion of the Brown trial, which was scheduled to begin January 10, 2000. He also maintained that he promptly invoked the principles of a "Chinese wall," and advised Dr. Osborne that he "would not be discussing the Brown case with [Dr. Osborne] at any time...." Further, Armstrong testified that he "left it to [Dr. Osborne] to contact Mr. Agbaje if he wished to do so, about [Armstrong's] representation [of him] in the Singleton case," because he thought that was the "best" way to proceed. In his view, any conflict was Dr. Osborne's, not his. He said:
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