Posted On: April 24, 2013 by Pilar G. Kraman

Judge Andrews orders plaintiff to produce communications with attorney who was acting in a business, rather than legal, capacity

Judge Andrews recently issued an order in regard to a discovery dispute over whether plaintiff had to produce communications with a Canadian attorney, formerly employed by plaintiff as its Director of Business Development. Robocast, Inc. v. Apple, Inc., C.A. No. 11-235-RGA (D. Del. April 17, 2013). Judge Andrews held that plaintiff failed "to make a showing that [the attorney] was an individual authorized to give legal advice." Id. at 2. The Canadian attorney was not a member of the bar of New York, where he was employed by plaintiff, nor was he licensed by the bar of New York to render legal advice as a legal consultant. Id. (citing N.Y.C.L.S. Ct. of App. § 521.1). Therefore, the communications could not be assumed to be privileged. "In fact, the very argument that [the attorney] offered legal advice to [plaintiff] without the New York State Bar's approval necessarily asserts he was guilty of practicing law without a license, which is a criminal misdemeanor in New York." Id.

Robocast, Inc. v Apple, Inc., C.A. No. 11-235-RGA (D. Del. Apr. 17, 2013)