Sometimes conflicts arise between law firms and their clients that require lawyers within the firms to seek legal advice. Such situations may include instances where firm lawyers become concerned about potential legal malpractice claims. In such situations, firm lawyers may seek advice from another lawyer within their firm about how to handle the issue. In subsequent litigation with the client, however, such communications may not be protected from discovery, particularly where the firm lawyer whose advice is sought has been involved in the representation of the client.
Magistrate Judge Barbara Moses of the Southern District of New York recently addressed this issue in Bonde v. Wexler & Kaufman, 2023 WL 8756986 (S.D.N.Y. Dec. 8, 2023).
