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Ethics/Professional Responsibility

Sep. 13, 2014

When the guardians of the privilege sue

There are myriad perplexing problems that will always exist when a lawyer sues his or her employer.

Diane L. Karpman

Phone: (310) 887-3900

Email: karpethics@aol.com

Diane is a legal ethics expert (expert witness and State Bar defense), she is a certified specialist in legal malpractice.

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There are myriad perplexing problems that will always exist when a lawyer sues his or her employer. It is almost axiomatic that when a lawyer sues, there will be issues regarding attorney-client privilege. In fact, as the guardians of privilege, what lawyers do is create more privileged documents. There is plenty of excellent advice on how to avoid privilege issues when a lawyer is placed in this pickle of a situation (see, e.g., Wendy Chang's Sept. 5 article titled "Confidentiality for ...

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