October 17, 2018 Articles

Considerations Regarding Attorney-Client Privilege in the Joint Representation of Multiple Clients

But what happens when infighting arises among those who were parties to the joint representation?

By Merrick L. “Rick” Gross and Yolanda P. Strader

Reprinted with permission of the Daily Business Review.

The attorney-client privilege is one of the cornerstones of the legal profession. Despite the privilege’s sacrosanct nature, there are exceptions to the well-established rule that the communications between an attorney and his or her client are confidential. For example, under certain circumstances (pre-representation disclosures and waivers are needed), an attorney who represents multiple clients in the same matter can share communications among those involved in the joint representation, without waiving the attorney-client privilege as to those who are not part of the joint representation (i.e., the rest of the world). But what happens when infighting arises among those who were parties to the joint representation? This issue was recently analyzed by the U.S. District Court for the District of Delaware in Newsome v. Lawson, No. 14-842-RGA-MPT, 2017 WL 6334979 (D. Del. Dec. 12, 2017).

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