Lawsuit - No Attorney-Client Privilege Before Retainer
A woman suing JPMorgan Chase for sex discrimination must turn over a summary she prepared, before hiring a lawyer, of notes she took about the allegedly hostile workplace, a New Jersey appeals court ruled on Thursday. The summary was not shielded by attorney-client privilege because "it was not prepared at the request of counsel or under his supervision," the court said in Marshall v. JPMorgan Chase Bank, A-1405-11. The lower court had ruled that the summary was privileged, but had ordered it given to JPMorgan Chase as a matter of fairness. On interlocutory review, the appeals court affirmed the result, although it disagreed with the rationale.
NO LAWYER-CLIENT PRIVILEGE EXISTS FOR DOCUMENT CREATED BEFORE RETAINER
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