Thursday, August 1, 2013
Article criticizing decisions that found converstations within a firm regarding possible malpractice are privileged
Last month I reported that the Massachusets Supreme Court recently found that confidential communications between law firm attorneys and a law firm's in-house counsel concerning a malpractice claim asserted by a current client of the firm are protected from disclosure to the client by the attorney-client privilege. See here. A few days later, Georgia reached the same result. See here. The Legal Ethics Forum had a debate on the issue here and here. Now, thanks again to the LEF, here is a link to an article by Richard Zitrin (professor at UC-Hastings) criticizing the decisions which he refers to as bad for clients who expect loyalty from the firms they employ.