Ex-Client’s Communications With New Lawyers Stay Confidential

A family suing its ex-lawyers for malpractice can keep confidential its communications with its new lawyers, the Court of Appeals of Utah said July 12.

Presiding Judge Gregory K. Orme said the family didn’t put its communications with its current lawyers “at the heart” of its current malpractice case so the former lawyers can’t see them.

The Utah court’s analysis focused on whether the plaintiffs relied on the privileged communications to prove their malpractice claims. By contrast, a recent Illinois appellate decision took a broader approach to “at issue” waiver of privilege. That court considered whether the communications ...