Client Morrie confessed to Paralegal Beverly that he lied on an answer to interrogatories. Beverly reported the lie to her supervising attorney and wrote a memorandum to the file about it, as well. When Morrie later sues Beverly's law firm for malpractice, the firm
A) cannot use the information that Morrie lied in the malpractice case because it is attorney/client privileged information.
B) can use the information only if it is relevant to the defense of the malpractice claim.
C) cannot use the information that Morrie lied against him because it is confidential.
D) can use the information without regard to its confidential nature because the malpractice action makes Morrie adverse to the law firm.

Question

Quizplus · Accepted Answer

The information about Morrie lying on the interrogatories is not protected by attorney/client privilege since Beverly was not acting as Morrie's attorney when he made the confession. However, the information is still confidential and cannot be disclosed without a valid reason. In this case, the law firm can use the information only if it is relevant to the defense of the malpractice claim.

Client Morrie Confessed to Paralegal Beverly That He Lied on an Answer