Thursday, April 28, 2016

The common interest privilege.

Practice point:  Under this doctrine, a third party may be present at the communication between an attorney and a client without destroying the privilege if the communication is for the purpose of furthering a nearly identical legal interest shared by the client and the third party.

Student note:  The common interest privilege serves as an exception to the general rule that the presence of a third party at a communication between counsel and client will waive a claim that a communication is confidential.

Case:  Levy v. Arbor Commercial Funding, LLC, NY Slip Op 03063 (1st Dep't 2016)

Here is the decision.

Tomorrow's issue:  A bus operator's duty of care.