My Client’s Clients: Protecting the Privileges Held by Your Lawyer Client’s Clients
Attorney and law firm defendants are unique in a number of ways. One significant way is that the sued attorney is not released from maintaining client confidences belonging to clients other than the one who has sued her. Protecting your lawyer client from waiving privileges held by her clients requires careful consideration throughout the defense of the case. For example, can you collect and review all of the attorney’s email when trying to identify specific emails responsive to discovery requests? In an interview with defense counsel, can the lawyer describe situations that have arisen with other clients that are nonetheless of some relevance to the lawsuit? And what if the attorney is asked questions at his deposition that would require him to disclose information related to clients other than the one who is suing? Protecting privilege becomes even more complicated in an increasingly technological practice. This panel will explore a lawyer’s ethical obligations to maintain client confidences and provide practical guidance for real-world situations that arise when that lawyer is subjected to discovery in a lawsuit.
– Bryan Feldhaus, Shareholder, Lommen Abdo, P.A.
– Jeremy Boeder, Partner, Tribler Orpett & Meyer
– Marta Alcumbrac, Counsel, Robie & Matthai, Los Angeles, CA