Superstorm Sandy’s wind and rain are long gone but the storm’s legal wrath has only just begun. As the cleanup continues, and insurance and legal issues pile up, we are starting the see the first wave of lawsuits following the storm. In particular, the initial targets appear to be insurance agents.
An architect faces criminal manslaughter charges arising from the death of an LA firefighter who died attempting to control a blaze that engulfed the defendant architect’s multi-million dollar home. This case raises an unprecedented issue: Can defective design lead to criminal liability? Apparently, the answer is “yes” if the defect is the result of gross negligence.
In a recently published amicus opinion, the ABA took a stand for its position that the attorney-client privilege should protect from disclosure communications between an attorney and her in-house counsel, even if the two attorneys are colleagues. In most scenarios, inter-office communications are discoverable. Privilege may not apply when attorneys consult amongst themselves. On the other end of the spectrum, consultation between client and outside counsel is usually protected from disclosure. However, the ABA’s recent amicus opinion focuses on the narrow situation when an attorney consults with a member of her firm’s designated in-house counsel. Read on for the ABA’s argument.