One shareholder sued another shareholder and a small construction firm over a dispute in the operation of the construction firm. Defendant was represented in the suit by a law firm which had been retained by the construction company in 2006 and never discharged; nor had the law firm ever withdrawn from representing the company.
Even When Privilege Log Is Inadequate, Judicially Forced Waiver Of Privileged Documents Not Authorized.
May a trial court find a waiver of the attorney-client privilege and work product doctrine when the objecting party submits an inadequate privilege log that fails to provide sufficient information to evaluate the merits of the objections?
Counsel Should Not Have Been Disqualified For Apparent Conflict.
A lawyer departing from a law firm sued both the firm and a partner in the firm. Both the partner and the firm are represented by the same counsel, and the trial court disqualified that counsel, holding there was a nonwaivable actual conflict. The court concluded the conflict existed because the departing lawyer is a […]
In a writ proceeding, one party petitioned for extraordinary relief after the trial court denied its motion to disqualify the law firm representing the other side. The law firm previously represented another law firm in an attorney fee dispute, and in the present case, represents an expert seeking consulting fees arising out of the same […]
Another Limitation Of The Attorney-Client Privilege.
This case involves an intersection between two rules involving the attorney-client privilege. One rule is that in a lawsuit between an attorney and a client based on an alleged breach of a duty arising from the attorney-client relationship, attorney-client communications relevant to the breach are not protected by the attorney-client privilege. Another rule is when […]
Evidentiary Errors And Attorney Misconduct During Trial Result In Reversal Of $1.2 Million Verdict.
During a test drive of a brand new BMW, the prospective purchaser, the defendant here, crashed and totaled the car and injured the salesman, the plaintiff. A jury awarded plaintiff $1.2 million. Citing evidentiary errors and attorney misconduct, the defendant appealed. The appellate court reversed. One of the evidentiary errors found was that the trial […]
No Fiduciary Or Current Client Exception To The Attorney-Client Privilege.
In 2012, a law firm’s client wrote some nasty emails to the firm about the advice he was being given in a litigation matter. The lawyer within the firm who was handling the matter sought the advice of another lawyer within the firm about the dispute. A few years later, the client brought an action […]
Demurrer Granted In Legal Malpractice Action Reversed On Appeal.
This action involves a man who hired a law firm to represent him in connection with a petition to have him appointed as conservator of his mother’s person and estate. The woman’s son was appointed conservator and informed the court all of his mother’s assets were in trust, and, therefore, no bond was required. The […]
Insurance Company Ordered To Turn Privilege Documents Over To Its Own Attorneys.
In a wrongful termination action, an insurance company defendant withheld or redacted documents requested on the ground they contain privileged or confidential information. Further, the insurance company insisted parties could not disclose the information, even to their own attorneys in the case. The superior court ordered the document in each party’s possession could be disclosed […]
Summary Of Documents Supported By Declaration Based On Information And Belief Found To Be Enough To Support The Grant Of Summary Judgment.
Evidence in support of a motion for summary judgment included the declaration based on information and belief of a lawyer representing the moving party in which he avers he has “personal knowledge of the foregoing, except as to those matters stated on information and belief.” He indicates in his declaration he reviewed the 80 documents […]
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