Practice point: In asserting that attorney-client emails are privileged, the attorney must establish that they are of a legal, and not a business, nature.
Practitioners should note that the claim, if found to be without merit in law, is sanctionable.
Case: Delta Fin. Corp. v. Morrison, NY Slip Op 00216 (2d Dept. 2010)
The opinion is here.
Tomorrow’s issue: Fraud.
