Practice point: Under this doctrine, a third party may be present at the communication between an attorney and a client without destroying the privilege if the communication is for the purpose of furthering a nearly identical legal interest shared by the client and the third party.
Student note: The common interest privilege serves as an exception to the general rule
that the presence of a third party at a communication between counsel
and client will waive a claim that a communication is confidential.
Case: Levy v. Arbor Commercial Funding, LLC, NY Slip Op 03063 (1st Dep't 2016)
Here is the decision.
Tomorrow's issue: A bus operator's duty of care.
