March 01, 2015

Scruples: Obtaining Evidence from Former Counsel

Does an advice-of-counsel defense waive attorney-client privilege?

Michael Downey

Paradox cornered Ethox at lunch. “I have another issue,” Paradox said.

“What is it this time?” Ethox quipped good-naturedly.

“I need to get Nemesis’s client file,” answered Paradox. “Remember the lawsuit in which our client Jay was sued by Nemesis’s client Kaye?”

“Oh, yes, I remember,” Ethox smiled.

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