What Is the Scope of Privilege in the Legal Malpractice Context?
Attorney-client and work-product privileges are commonly viewed as sacrosanct. Whether as a matter of ethics, contract, or common law, these privileges—if violated—may inure to both attorney and client even collateral damage (for example, see the current Sandusky attorney disciplinary prosecutions).
June 14, 2018 at 12:07 PM
1 minute read
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What Are the Privileges?
Rhone-Poulenc Rorer v. Home Inventorship, Bagwell v. Pennsylvania Deptartment of Education
- Is a client's subsequent or predecessor counsel's communications or documentations privileged?;
- Can a collateral matter (for example, a criminal or disciplinary proceeding) effect the privilege waiver in the related but separate legal malpractice context?; and
- Does selective or even inadvertent disclosure of otherwise privileged communications waive in whole?
Matthew B. Weisberg is the managing partner of Weisberg Law. He focuses his practice on consumer and individual rights throughout Pennsylvania and New Jersey. Weisberg Law represents victims of legal malpractice and other professional negligence resulting in financial injury, fraud, civil rights violations, consumer abuse and foreclosure actions.
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