Tuesday, September 2, 2014

If disclosure of a case cited in a document covered by the attorney-client privilege is requested, does this constitute a valid exception to the...

If the case cited is a matter of public record, it can
hardly be a matter of attorney-client privilege. The privilege extends to matters which
the client shares with the attorney and could not normally be discovered without the
attorney divulging that information. In the present instance, a cited case in the public
record--assuming the record is not sealed--would hardly constitute privileged
communication. It could be discovered by other means, therefore the privilege would not
apply. An attorney should be exceptionally careful, however, that no information that is
NOT available as a public record is divulged, and in any instance the wiser practice is
to allow the other party to discover it on his own without divulging any information.
Although technically not a breach of privilege, it does not constitute zealous
representation of a client; in fact it could compromise the client's position, and could
cause the client to lose confidence in the attorney. Best position, say nothing, do
nothing. Don't do the other side's homework for them.

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