Tuesday, June 3, 2014

Oregon Supreme Court holds conversations within law firm are privileged in malpractice case against the law firm

Last week, the Oregon Supreme Court became the third state high court to hold that consultations between a law firm's attorneys and the firm's in-house counsel are privileged from discovery in a malpractice action even if they concern the firm's potential liability to a current client. The case is Crimson Trace Corp. v. Davis Wright Tremaine LLP. The issue was most recently addressed in Massachusetts and later in Georgia and has generated an interesting debate. Go here for an article criticizing the Massachusetts and Georgia decisions, and here for a debate on them.