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Attorney client privilege

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willing to pay

Junior Member
What is the name of your state? New Jersey
I was co-executor of an estate. While I was co-executor I hired an attorney to do some work for the estate, which he completed. After that, because of a personal conflict between myself and the other co-executor, the court removed us and appointed a substitute executor. Now with the permission of the court appointed executor, I am bringing a law suit on behalf of the estate, to recover some real property, for the benefit of the estate. I am also a beneficiary of the estate. The attorney for the defendant has requested documents and files from the attorney I had hired for the estate while I was co-executor. The defendant's attorney also plans to take the estate attorney's deposition.
Question: Since the attorney I hired for the estate while I was co-executor worked under my direction, he worked for me and the estate. If this is not so, then he worked for the estate alone. Either way,
1) Do I retain any attorney client privilege for the time I was co-executor for the work that was performed by the attorney I hired.
2) Is there any case law on this.
3)Can I stop him from turning over his files.
 


seniorjudge

Senior Member
willing to pay said:
What is the name of your state? New Jersey
I was co-executor of an estate. While I was co-executor I hired an attorney to do some work for the estate, which he completed. After that, because of a personal conflict between myself and the other co-executor, the court removed us and appointed a substitute executor. Now with the permission of the court appointed executor, I am bringing a law suit on behalf of the estate, to recover some real property, for the benefit of the estate. I am also a beneficiary of the estate. The attorney for the defendant has requested documents and files from the attorney I had hired for the estate while I was co-executor. The defendant's attorney also plans to take the estate attorney's deposition.
Question: Since the attorney I hired for the estate while I was co-executor worked under my direction, he worked for me and the estate. If this is not so, then he worked for the estate alone. Either way,
1) Do I retain any attorney client privilege for the time I was co-executor for the work that was performed by the attorney I hired.
2) Is there any case law on this.
3)Can I stop him from turning over his files.

Question: Since the attorney I hired for the estate while I was co-executor worked under my direction, he worked for me and the estate. If this is not so, then he worked for the estate alone.

A: He represented the estate.


1) Do I retain any attorney client privilege for the time I was co-executor for the work that was performed by the attorney I hired.
2) Is there any case law on this.
3)Can I stop him from turning over his files.


A: Read this:

http://law.enotes.com/everyday-law-encyclopedia/89863
 

SSD53NJ

Member
Since you responded in my post about "Estate Tax In NJ" I decided to take a look at some of yours & the more I read the more I'm convinced to stay away from lawyers.
 

Dandy Don

Senior Member
If you have nothing to hide, why would you object to him making the files available?

What is the specific nature of your complaint and how much are you attempting to collect?
 

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