PCHB214006357

Pursuant to the Board's direction, Ecology submits this reply to the Airport Communities Coalition's (ACC) opposition to Ecology's motion to strike attorney-client privileged documents. In its reply, ACC argues that (1) the attomey-client privileged advice is "at issue" in this case so that the privilege does not apply, and (2) the advice was withheld as deliberative and then intentionally released with other deliberative documents so that the privilege has been waived. Both of these arguments are meritless. II. AUTHORITY AND ARGUMENT AR 006357 A. The Attorney-Client Privileged Advice Is Not At Issue In This Case. ACC correctly notes that the attorney-client privilege is waived in circumstances where the privileged communications are placed "at issue" in a lawsuit. Pappas v. Holloway, 114 ECOLOGY'SREPLYTOACC'S 1 ATTORNEYGENERALOFWASHINGTON OPPOSITIONTOECOLOGY'SMOTION EcologyDivision PO Box 40117 TO STRIKE ATTORNEY-CLIENT Olympia, WA 98504-0117 PRIVILEGED DOCUMENTS ORIGINAL FAX (360) 586-6760 Wn.2d 198, 204, 788 P.2d 30 (1990). ACC neglects to point out, however, that this waiver occurs almost exclusively in malpractice cases where the attorney needs to rely on his advice to defend himself: There are several notable exceptions to the attorney-client privilege. One example of particular importance here occurs when an attorney is sued for malpractice by a client. Where it would be manifest injustice to allow the client to take advantage of the rule of privileges to the prejudice of the attorney, or when it would be carried to the extent of depriving the attorney of the means of obtaining or defending his own rights, this court…

Open full document

Upcoming Events

PSCAA Advisory Council Meeting Agenda
Add to CalendarMWednesday Mar 11, 9:00am - 11:35am
1904 3rd Avenue, Suite 105, Seattle, WA 98101
Call to order – Roll Call – Quorum Established – Land Acknowledgement We would like to acknowledge that our Agency operates in four present-day counties, which are the traditional lands of the Coast Salish people, past and present. This acknowledgement does not take the place of authentic relationships with indigenous communities in our jurisdiction and [...]