Lawyer Can't Claim Privilege Once Client Waives It
Gantman said Cohen did not object to the subpoena or invoke her attorney-client privilege.
"Attorney Farber's attempt to assert an attorney-client privilege on his own behalf, in contravention of the trial strategy of Ms. Cohen's legal malpractice counsel, is without effect, because the attorney-client privilege belongs to Ms. Cohen in other matters," Gantman said. "Attorney Farber's attempt to assert the attorney-client privilege on behalf of Ms. Cohen is similarly without effect.
"Attorney Farber is a nonparty to the legal malpractice litigation, without capacity to invoke the attorney-client privilege on behalf of Ms. Cohen in that action."
Judges John T. Bender and Judith F. Olson joined Gantman in the opinion.
Quinn did not return a call for comment. Neither did Abramowitz's attorney, Dennis J. Roman of Marshall Dennehey Warner Coleman & Goggin in Pittsburgh. Bethann R. Lloyd of Grogan Graffam in Pittsburgh represented Moore Becker and declined to comment. Farber also declined comment.
(Copies of the nine-page opinion in Cohen v. Moore Becker, PICS No. 14-0217, are available from The Legal Intelligencer. Please call the Pennsylvania Instant Case Service at 800-276-PICS to order or for information.) •