St. Clair County Circuit Judge Patrick Young is set to hear arguments on a motion to compel in a legal malpractice case brought by Belleville surgeon Dr. Bill Daily against the Greensfelder firm in Swansea.

Daily and his cardio-vascular medical practice claim that attorneys for the Greensfelder firm drew up the articles incorporating his practice, Cardiothoracic Surgery Associates P.C., and represented the practice in negotiations with SSM Healthcare St. Louis.

Greensfelder also represented SSM in the negotiations, the suit claims.

Daily also contends that the law firm used information from past representations to aid another client in a lawsuit filed by doctors working for Daily's practice in St. Louis County, Mo.

Other doctors joined the practice and eventually its associates were responsible for cardio-thoracic care exclusively at several SSM hospitals in St. Louis.

In 2007, negotiations between SSM and the practice broke down after the parties had attempted to work out a contract for the practice to take over the cardio-thoracic care at other SSM hospitals.

Members of the practice filed suit against SSM in St. Louis County alleging claims that included a breach of fiduciary duty against Daily.

Attorneys for the doctors in the St. Louis suit included Mark Goldenberg and Judy Cates.

Greensfelder once again represented SSM in that suit.

Daily claims that Greensfelder did not disclose its conflict in representing SSM against a former client.

He claims that the law firm attempted to cover its actions by becoming one of the released parties at the settlement of the St. Louis County suit.

Daily claims the firm breached its duties to him by using information against him that it gleaned from past representation and that it put its own interests above those of its former client, Daily.

The law firm has unsuccessfully tried to have the suit dismissed.

Young will hear the motion to compel Nov. 10 at 9:30 a.m.

A status conference is set in the case Dec. 6 at 9:30 a.m.

The suit seeks in excess of $75,000 in actual damages, costs and more than $75,000 in punitive damages.

Thomas Keefe Jr. and Thomas Keefe III represent Daily and his practice.

Ted Dennis and Robert Sprague represent Greensfelder.

The case is St. Clair case number 09-L-405.

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