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Ethics/Professional Responsibility

Apr. 4, 2015

Privilege when firms advise themselves

A recent Court of Appeal decision, on whether the attorney-clienty privilege applies when lawyers speak with their firm's "in-house counsel," misses the bigger picture. By Gay Crosthwait Grunfeld and Sarah Poppy Alexander

Gay C. Grunfeld

Managing Partner
Rosen Bien Galvan & Grunfeld LLP

Complex civil litigation, with an emphasis on business, civil rights, and employment litigation

101 Mission St.
San Francisco , CA 94105

Phone: (415) 433-6830

Email: ggrunfeld@rbgg.com

Columbia Univ SOL; New York NY

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Sarah P. Alexander

Constantine Cannon, LLP

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The decision in Edwards Wildman Palmer LLP v. Superior Court, 231 Cal. App. 4th 1214 (2014), shields intra-firm conversations about a current client's potential malpractice claims from future discovery if that client files a subsequent lawsuit against its attorneys. In reaching this result, the 2nd District Court of Appeal rejected the teaching of three federal district courts, all of which had refused to recognize law firm general counsel communications about a dissatisfied clien...

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