Protecting My Client’s Clients: Confidentiality and Privilege Issues in Legal Malpractice Cases

Bryan Feldhaus is a panelist at an ABA webinar on February 12, 2019, “Protecting My Client’s Clients: Confidentiality and Privilege Issues in Legal Malpractice Cases.”

 
Overview:

Lawyers and law firm defendants are unique. For example, the defendant-lawyer is not released from Rule of Professional Conduct 1.6’s mandate to maintain client confidences belonging to clients other than the one who is the plaintiff. Protecting your lawyer-client from revealing client confidences and/or waiving privileges held by clients, other than the plaintiff, requires careful consideration throughout the defense of the case.

Questions that this expert panel will explore include:

  • Whether defense counsel may collect and review all of the lawyer-client’s emails when trying to identify specific emails responsive to discovery requests.
  • Whether the lawyer-client may describe situations that have arisen with other clients that are of some relevance to the lawsuit.
  • How defense counsel should proceed when a lawyer-client is asked questions at a deposition that would require that lawyer-client to disclose information related to clients other than the one who is suing.

 

Panelists:
– Bryan Feldhaus, Lommen Abdo, P.A.
– Jeremy Nicholas Boeder, Tribler Orpett & Meyer
– Marta Alcumbrac, Robie & Matthai, Los Angeles, CA

Moderator:
– Melissa M.Lessell, Deutsch Kerrigan, LLP