Practice point: While Domestic Relations Law § 235(1) mandates that all papers filed in a matrimonial matter are confidential, a court may order the disclosure of otherwise confidential materials needed to defend against a clam of legal malpractice, including filed records which may provide evidence to rebut plaintiff's contentions of liability and the extent of plaintiff’s financial loss.
Practitioners should note, however, that the court will properly deny a motion to compel the disclosure of tax returns.
Case: Kodsi v. Gee, NY Slip Op 06938 (1st Dept. 2008)
The opinion is here.
