It's been nearly ten years since the North Carolina
Supreme Court decided a case involving the attorney-client privilege.
That case was In re Miller, 357 N.C. 316, 584 S.E.2d 772 (2003) [an enhanced version of this opinion is available to lexis.com
subscribers], which raised the question whether the privilege
survives the death of the client. (It does.)
That case, which involved a criminal investigation,
raised some esoteric issues. Those are probably unlikely to come up in a
business litigation practice, but Judge Jolly's Order
last week in Meir v. Meir is likely to have more of a day-to-day impact on
Let's say your client is questioned about the facts
underlying the Complaint that you drafted based on those facts as told to you
by her. Are those facts privileged because they were told to you, her
attorney? Of course not. We all should know that.
But what if you, lawyer, tell her, client, the facts you
have learned about her claim from other sources. Is that
privileged? Can you instruct her not to answer questions about those
facts at her deposition?
Read this article in
its entirety on North
Carolina Business Litigation Report, a blog for lawyers focusing on issues
of North Carolina business law and the day-to-day practice of business
litigation in North Carolina courts.
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