08/21/2007
District of Columbia Court of Appeals Holds Ethical Duty of Confidentiality Did Not Bar Lawyer from Giving Court-Ordered Deposition Regarding Demand Letter
Carrie Adams v. Florence Diane Franklin, ___A.2d___, 2007 WL 1351419 (D.C.)
Brief Summary
The District of Columbia Court of Appeals held that the Rules of Professional Conduct on preserving client confidences, while broader in scope than the evidentiary rule of attorney-client privilege, do not have the legal effect of expanding the evidentiary privilege, and ordered the attorney for a plaintiff in a real estate transaction suit to give deposition testimony regarding a demand letter the defendants received. The court concluded that the information requested was not privileged or, if it was, the client had waived the confidentiality.
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