On June 19, 2018, the Court of Appeals for the District of Columbia, provided an important reminder on when a communication can be considered privileged. According to the decision, a document is privileged depending on the purpose of the communications at issue. Before producing documents in a litigation, to maintain attorney-client privilege, counsel should determine […]
Case Law & Court Rules
Major law firm has been sued by a prospective client for legal malpractice. The law firm allegedly communicated confidential information by disclosing an email in which the potential client sought representation as a possible whistleblower. According to the suit, plaintiff emailed an attorney of the firm requesting legal representation. The request contained privileged information regarding […]
Corporate director’s communications with his personal attorney using company email system are not subject to the attorney-client privilege according to the Delaware Court of Chancery.
In In re Information Management Services Derivative Litigation, C.A. No. 8168-VCL, slip op. (Del. Ch. Ct. Sept. 5, 2013), the Delaware Court of Chancery court dealt with a dispute between two families, the Burtons and the Lakes, that each owned 50% of IMF. The Burtons accused the Lakes of breach of fiduciary duty in management […]
The court held that a lawyer who received inadvertently produced documents is ethically permitted to submit them to the trial court under seal. From the Opinion: “Unlike the court of appeals, we do not find that a receiving party who presents the information under seal to the court thereby violates Rule 26.1(f)(2) by using the information […]