NY Ruling Strengthens Shield For In-House Ethics Advice

Law360, New York (July 13, 2016, 3:34 PM EDT) -- Professional liability experts are praising a New York appeals court decision backing the right of lawyers to keep ethical guidance from general counsels confidential, saying the privilege will encourage frank discussions that protect clients as well as attorneys and their firms.

Following a lower court order for Schnader Harrison Segal & Lewis LLP to hand over emails between lawyers and a general counsel to a former client suing for malpractice, the appeals panel concluded in a June 30 decision that lawyers should be treated as the GC's "real clients" when seeking such advice and have the right to internal confidences....

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