Mining Co. Can Subpoena Law Firm In Libel Suit: 11th Circ.
Law360 (March 23, 2018, 8:07 PM EDT) -- The Eleventh Circuit ruled Friday that an exception to attorney-client and work privilege for criminal and fraudulent activity can be triggered by the actions of a firm or an attorney even if the client was found innocent of wrongdoing, affirming that Conrad & Scherer LLP has to face a subpoena in a mining company’s defamation lawsuit.
A three-judge panel found that Drummond Co. Inc. had plausibly alleged that Conrad & Scherer and attorney Terrence Collingsworth engaged in fraudulent activity while representing Colombian citizens in a failed human rights suit, and thus they cannot avoid requests for attorney-client communications in Drummond’s defamation...
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