Andrew Lavoott Bluestone, a sole practitioner in New York City, writes that in legal malpractice actions, communications with the attorney being sued are always waived. Whether communications with other attorneys are waived, and whether work-product of those other attorneys may be compelled, turns on whether plaintiff put those communications at issue.
Attorney-Client Privilege in Legal Malpractice Litigation
New York Law Journal
January 22, 2008
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