Legal Question in Legal Malpractice in California
Attorney client privilege protects?
Does the attorney client privilege extend to all communications I had with my attorney? What about the detail on our legal bills? I worked with an attorney last year, who left their firm. I was told by the firm they no longer had that specialty, and to hire a new firm. I paid a very large retainer and additional fees, and when my form atty left their firm, there was a remaining amt due. The firm for the attorney who left, has filed with BK Court to be paid their fees. I did not know they were going to do this. The firm included w/ the Request for Payment of Admin Expenses, a Declaration which included copies of every detail of my billings w/my prior atty, which billings include line by line details, and work product requests I made in confidence to my attorney. Isn't this a breach of my privilege? I would think the private details would have been redacted. They filed my legal billings which cite witnesses names, and the billing details they have made public include phrases showing what my confid settlement thoughts were relating to the other side of the case, on a case that is not yet settled. I am very concerned. What can I do? Is this something the Court would feel should affect their request for additional fees?
3 Answers from Attorneys
Re: Attorney client privilege protects?
I would communicate with them AND the attorney who left the firm by certified letters, return receipt, very quickly, and tell them to redact the detail of the bills both from the paper and electronic record by a date you give them. You also can file a complaint with the State Bar. It is a breach of attorney-client privilege and could put you at a disadvantage in whatever litigation might be ongoing.
If you are in Chapter 7, I don't understand why they would even file a claim, unless you have assets from which creditors might get paid.
Re: Attorney client privilege protects?
Although such rules are state specific, just about every state I have looked into has allowances so that an attorney can sue his former employer and use the evidence he would need to support his case. That being said, I do not see any reason why such details would be needed. For some strange reason, if they were, you could ask the court to view them "in camera". If the info is already out in the open, get a TRO for them
Re: Attorney client privilege protects?
As Mr. Cohen points out, this is definitely a violation of attorney-client privilege, and you should notify your former attorney,as well as the firm in question ASAP.
Mr Steele's answer is correct (in my opinion) but since Mr. Cohen is a California attorney, follow his advice at once. You do not have any time to lose.
Good luck!
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