This article will explore the implications of the troubling privilege issues that confronted a lawyer in Brooklyn when he found that he owed conflicting duties to two clients in unrelated matters in connection with the same item of privileged information. Following that discussion, the article will return to the topic addressed recently in this column, namely whether or not the attorney-client privilege is lost when clients use their employers’ technology to send e-mails to their lawyers. Two more cases have addressed the same issue in recent weeks, raising the question whether a consistent set of principles can be applied when these issues arise.
DUTIES TO TWO CLIENTS
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