Articles Posted in Malpractice

By Michael F. Pezzulli and Charles J. FortunatoSpoliation of Evidence

2016 American Bar Association Annual Meeting, Tort & Insurance Section

Spoliation of evidence seems to be on the rise. But the emergence of case law on the subject has made it easier to identify and address the problem.

by Michael F. Pezzulli

couple meeting with lawyerAttorney-Client Privilege in Civil Litigation, 2nd Edition 1997 – American Bar Association

Analysis of the attorney’s obligations and rights relating to attorney client privilege when sued. Attorneys operate under a broad ethical mandate not to disclose client confidences. This ethical obligation can apply to communications made prior to the establishment of an attorney-client relationship and survives the death of the client. It is broader than the attorney-client evidentiary privilege. As incorporated into virtually all codes of professional responsibility, there is an exception to the rule allowing an attorney

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