Friday, January 7, 2011

Information given to someone thought to be an attorney not in good standing is still privileged

Back in June of last year, I wrote about a case in which a federal court magistrate in New York has decided that information shared with someone the client mistakenly thought was a licensed lawyer was not protected by the attorney/client privilege. See here and here.

I criticized the decision arguing that if the client really did not know of the attorney's inactive status, the client should be given the benefit of the privilege.

Yesterday, the Legal Ethics Forum reported that the decision has been overturned. See here.

The text of the opinion is available here.

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