Can a client who is suing his former divorce attorney for malpractice block the defendant from deposing his successor counsel by refusing to waive his attorney-client privilege? According to Suffolk County Superior Court Judge Paul E. Troy, the answer is no. On March 16, 2010, Judge Troy denied the former client’s Motion for Protective Order to stop the deposition. By suing for malpractice, the plaintiff put the work of both the first attorney who obtained the divorce judgment and his successor who sought a modification of the judgment at issue. As a result, he implicitly waived the attorney-client privilege as to both.
To read the Memorandum of Decision and Order on Plaintiff’s Motion for Protective Order, click here.
Tags: attorney-client privilege, divorce law, Judge Paul E. Troy, Motion for Protective Order, Suffolk County Superior Court
