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http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=46920 Justice Bransten WITHIN THE context of a medical malpractice action, defendants hospital and doctor sought disclosure of a typed narrative plaintiff prepared as to her deceased husband’s treatment. Plaintiff claimed that she may have shown the narrative to her daughters before giving it to her lawyers. She opposed defendants’ contention that the attorney-client privilege was inapplicable because the narrative was prepared to memorialize her recollection rather than to obtain legal advice. The defendants also claimed that the attorney-client privilege was waived by plaintiff’s sharing of the narrative with her daughters. The court ruled that plaintiff failed to meet her burden of showing that the attorney-client privilege exempted the narrative from production. Noting United States v. Stewart, it observed that the narrative’s possible disclosure undermined plaintiff’s claimed expectation that the narrative was to remain confidential between herself and her attorney.

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