Former Brach Eichler Client Implicitly Waived Privilege in Legal Malpractice Claim, Says Appellate Division
"By suing Brach [Eichler] and claiming it committed legal malpractice, GMD implicitly waived the attorney-client privilege by placing at issue in the malpractice action the legal advice Cole [Schotz], as superseding counsel, gave GMD with respect to settling GMD's claims against Hollister and Arch," the per curiam opinion said.
July 19, 2023 at 11:51 AM
5 minute read
Courtesy photo In a legal malpractice claim levied against Brach Eichler, the New Jersey Appellate Division reversed a trial court order that "unnecessarily limited production" of documents and remanded for the court to conduct an in camera review of all the documents on the privilege log.
Brach Eichler appealed an order issued by the Bergen County Superior Court in Grand Maujer Development v. Hollister Construction Services. In the underlying case, Grand Maujer Development entered into a contract with Hollister Construction Services for construction of a mixed-use building in Brooklyn with Arch Insurance Co. as surety. GMD believed Hollister materially breached its contract and sent notice of termination, which was drafted by Brach Eichler, its counsel at the time, according to the opinion.
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