12/15/2004
Attorney-Client Privilege Dissolved in Case Where the Statute of Limitations is Pleaded as a Defense
Lama v. Preskill
Appellate Court of Illinois, Second District

___ Ill.App.3d ___, ___ N.E. 2d ___,2004 WL 2567059 (2004)

Brief Summary

Since this was an interlocutory appeal, the record below was not fully developed. Nonetheless, the case does suggest that in all statute of limitations discovery rule cases, defense counsel would be well advised to pursue discovery of communications between the plaintiff or her agent and any counsel. Perhaps this case is yet another example of modern courts holding that because the attorney-client privilege can be an obstacle to the truth, it should be strictly construed.
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