Appellate Court Upholds Disqualification Ruling Against Gibson Dunn
Attorneys must refrain from using apparently privileged documents, regardless of when or how they were received, the Fourth District says.
April 21, 2017 at 06:30 AM
31 minute read
Beware of inadvertently forwarded emails lingering in your clients' files. If they contain an opponent's privileged information and you wield them in litigation, it could cost you.
That's the takeaway from a California Court of Appeal decision upholding a trial court ruling that disqualified Gibson, Dunn & Crutcher from representing McDermott Will & Emery and former McDermott partner Jonathan C. Lurie in a malpractice suit pending in Orange County Superior Court.
A divided three-judge Fourth Appellate District panel held on Wednesday that Gibson Dunn lawyers should have known the privilege applies to an email in Lurie's files that contain an opposing lawyer's notes on a messy inter-family dispute.
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