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Attorney-client privilege defeats motion to depose attorney

strongAttorney-client privilege defeats motion to depose attorneybr //strongClark v Schuylerville Cent. School District, 2008 NY Slip Op 09685, Decided on December 11, 2008, Appellate Division, Third Departmentbr /br /Linda Clark, a teacher at Schuylerville Central School District, was placed on administrative leave after showing the R-rated movie Macbeth to her 10th grade class ?in violation of the [d]istrict's policy and procedures."]. Thomas S. Martin, principal of Schuylerville Junior/Senior High School, told Jeffrey Honeywell, an attorney retained by the District to provide legal advice and counsel, that Clark had shown the film in violation of the District's policies and procedures.br /br /Clark sued the School District and others, alleging defamation and intentional infliction of emotional distress. The only surviving claim in this action concerned Clark?s ?cause of action for defamation with regard to Martin's statement.? Clark appealed a Supreme Court ruling that denied her motion to compel the District and Honeywell to give additional deposition testimony.br /br /The Appellate Division affirmed the Supreme Court?s ruling.br /br /Here, said the Court, Clark seeks to compel additional testimony regarding, among other things, the statement allegedly made by Martin to Honeywell. However, as Supreme Court decided, the District and Martin met their burden of establishing that the attorney-client privilege attached "as the defendants in this action were seeking legal advice from Honeywell relating to the management of the District's teaching staff, and that their conversations with Honeywell were confidential and private."br /br /The Appellate Division held that [1] the ?defendants demonstrated that the information sought to be protected from disclosure was a 'confidential communication' made to the attorney for the purpose of obtaining legal advice or services" and [2] there is no merit to [Clark?s] assertion that Reed or Martin engaged in conduct from which a waiver of the privilege could be inferred?? and dismissed her appeal.br /br /The full text of the decision is posted on the Internet at:br /br /a href="http://www.courts.state.ny.us/reporter/3dseries/2008/2008_09685.htm"http://www.courts.state.ny.us/reporter/3dseries/2008/2008_09685.htm/abr /br /The full text of the decision reported at 24 AD3d 1162 is posted on the Internet at:br /br /a href="http://www.nycourts.gov/reporter/3dseries/2005/2005_10193.htm"http://www.nycourts.gov/reporter/3dseries/2005/2005_10193.htm/a

Full post as published by New York Public Personnel Law on December 19, 2008 (boomark / email).