When an insurance company steps into the shoes of its insured to sue a lawyer for malpractice, the lawyer cannot assert the attorney-client privilege to refuse to produce a litigation file, a federal judge has ruled.

“To close the door to proving the malpractice of an attorney by a subrogee by asserting the attorney-client privilege of the injured subrogor would effectively deny the subrogor the ability to prove, or even investigate, the attorney’s malpractice,” Senior U.S. District Judge James McGirr Kelly wrote in his seven-page memorandum in Ohio Casualty Co. v. The Southland Corp.

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Advance® Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]