Managing Partner Randall Miller was quoted in the Article “Firm booted from case seeks appeal” published by the Daily Journal, discussing how a federal judge disqualified law firm BrauntHagey & Borden LLP from a federal lawsuit which resulted from reviewing emails that were protected by the opposing party’s attorney-client privilege. “White’s ruling relied on a straightforward reading of the law, concluding that the communications were inherently privileged and none of the available waivers of attorney-client privilege applied to BraunHagey’s situation” comments Mr. Miller.
U.S. District Judge Jeffrey S. White ruled that the firm wrongly reviewed emails that its client’s had exchanged with their former employer and it’s attorney. Mr. Miller predicts that some companies may change their tactics for handling internal disputes or whistleblower situations as a result and says that attorneys should always go through normal process and assume they have received documents that fall under attorney-client privilege when opposing counsel accuse them of wrongdoing.
“A lawyer in those circumstance cant’ take those kinds of chances” said Mr. Miller