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Wednesday, July 01, 2020

New Case on Attorney-Client Privilege: Wife's Claim of Privilege Disallowed Due to the Presence of a Third Party While She Spoke with Attorneys

The Tennessee Court of Appeals recently issued its opinion in Pagliara v. Pagliara, No. M2019-01397-COA-R9-CV (Tenn. Ct. App. June 29, 2020).  The syllabus from the slip opinion reads:
This interlocutory appeal arises from a pending divorce action. During discovery, the husband sought certain communications between the wife and her attorneys. During some of these meetings between the wife and her attorneys, a third party was present during discussions of whether the wife should report conduct by the husband to law enforcement. The wife could not identify which of the meetings the third party had been present and which she had not. Because the wife did not meet her burden of proof in demonstrating that attorney-client privilege applied to the communications, we affirm the judgment of the Trial Court.
Here is a link to the slip opinion:

NOTE: This opinion offers a good discussion of the attorney-client privilege in Tennessee.  It is worth reading if you practice law Tennessee.  

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