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Hertzog, Calamari & Gleason v. Prudential Insurance Co. of America

Citations: 850 F. Supp. 255; 1994 U.S. Dist. LEXIS 4462; 1994 WL 159801Docket: 93 Civ. 6395 (CSH)

Court: District Court, S.D. New York; April 8, 1994; Federal District Court

Narrative Opinion Summary

Defendant's motion to compel discovery has been denied by the court. The ruling emphasizes that partnerships, similar to corporations, cannot represent themselves pro se and must be represented by an attorney authorized to practice law. The court cites precedent establishing that both corporate staff counsel and outside counsel are protected under attorney-client privilege. This privilege extends to communications with in-house counsel as long as they are acting in their capacity as attorneys. The court determines that there is no valid reason to deny this privilege to a law partnership that designates a partner or associate as counsel in litigation, as they function similarly to corporate staff attorneys. Consequently, the plaintiff law firm is entitled to invoke attorney-client privilege, leading to the denial of the defendant's motion to compel.

Legal Issues Addressed

Attorney-Client Privilege for Law Partnerships

Application: The court extended attorney-client privilege to law partnerships, recognizing their designated partners or associates as equivalent to corporate staff attorneys.

Reasoning: The court determines that there is no valid reason to deny this privilege to a law partnership that designates a partner or associate as counsel in litigation, as they function similarly to corporate staff attorneys.

Protection of Communications under Attorney-Client Privilege

Application: The court affirmed that communications with both corporate staff counsel and outside counsel are protected under attorney-client privilege.

Reasoning: The court cites precedent establishing that both corporate staff counsel and outside counsel are protected under attorney-client privilege.

Representation of Partnerships in Legal Proceedings

Application: The court ruled that partnerships, like corporations, must be represented by an attorney and cannot appear in court pro se.

Reasoning: The ruling emphasizes that partnerships, similar to corporations, cannot represent themselves pro se and must be represented by an attorney authorized to practice law.