You, You, and You: Implied Waiver of Attorney-Client Privilege Extends to Attorney and Non-Party Attorneys Sued for Malpractice
3/13/20
By: Jake Loken
The Supreme Court of Georgia recently decided in Hill, Kertscher & Wharton, LLC v. Moody, No. S18G1436, that the implied waiver of attorney-client privilege that occurs when an individual sues his former attorney also extends to …
California Court Clarifies Grounds for Law Firm Disqualification
1/30/19
By: Brett Safford
In O’Gara Coach Company, LLC v. Joseph Ra, 2019 Cal.App. Lexis 12, the California Court of Appeal clarified the grounds on which a law firm can be disqualified. The Court reversed the decision of the trial court …
Protecting In-House Correspondence from Disclosure: The Troublesome “CC”
11/28/18
By: Jake Carroll
Commercial disputes present complex issues of causation—what caused the accident, who is responsible, what is impacting company revenue. But before the dispute even arises, in-house attorneys are frequently copied on correspondence with team members and employees evaluating …
Court Rules No Coverage For Pa. Law Firm's Malpractice Suit
11/26/18
By: Barry Brownstein
An insurer does not have to cover a Pennsylvania law firm in a professional malpractice suit that a client filed after the firm allegedly used privileged information to benefit its attorneys’ side business in a real estate …
How Can The Trump-Cohen Tape Be Public?
7/31/18
By: Greg Fayard
A lawyer and client talk. The lawyer records the conversation. The recording is made public. How can this be?
That’s what happened to then candidate Donald Trump and his New York lawyer Michael Cohen. The conversation occurred …
Attorney-Client Privilege? FBI’s Raid of President Trump’s Personal Lawyer’s Office
4/10/18
By: Gregory T. Fayard
On April 9, 2018, federal agents raided the law office of Michael Cohen, President Trump’s personal attorney. The purpose of the raid purportedly concerned a payment made to porn actress Stormy Daniels related to an alleged …