Are in-firm communications about a current client privileged when the firm faces a possible malpractice claim by the client? Pending cases on that question in two states, Georgia and Massachusetts, have occupied the attention of the legal ethics world for some time now. Here's the ABA's amicus brief in the Georgia case, St. Simons Waterfront v. Hunter, Maclean, Exley & Dunn, supporting broad protection for the law firm.
The Massachusetts case, RFF Family Partnership, LP vs. Burns & Levinson, LPP, & others, has just been decided. Everyone seems to agree that it is big win for law firms, but whether it was the right decision is much disputed. Check out the comments to a Legal Ethics Forum post, in which some of the ethics world's big guns fire away at one another.