Class Action Websites: Privilege Without a Relationship?
The 9th Circuit Court of Appeals recently ruled that a law firm does not have to provide an adverse party with information obtained through a questionnaire on the law firm’s website.
Even though the site stated that there was no attorney-client relationship created by the form, the information obtained was considered privileged under California law.
While this decision seems to fit within my understanding of confidential communications, it certainly highlights the problems present in class action websites. The article Class Action Web Sites Untested states that “class action Web sites developed by law firms continue to present complications related to jurisdiction, applicable laws, ethics rules and more, which courts have yet to address.”
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Posted by Douglas Sorocco, July 8, 2005 at 3:26 pm
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