Lawyers should be able to consult their firm’s general counsel about malpractice claims and have their conversations remain confidential, the American Bar Association said in an amicus brief this week.
The brief went on to say that attorney-client privilege should apply in these situations.
The statement stems from a pending case in Georgia where a law firm was representing a developer. When the law firm said it would be reluctant to enforce a clause in the housing contract. “Sensing that the developer would file a claim against the firm, lawyers consulted with the firm’s in-house counsel and told of a plan to find new counsel for the developer,” according to the ABA Journal.
So here’s our question for you:
Should discussions between attorneys and their firm’s in-house counsel remain confidential?
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