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Law Firm Files

By Jacqueline C. Wolff and Natasha M. Korgaonkar

Lawyers assume that their files will remain confidential within the firm's office unless a client is so unhappy as to change counsel or sue for malpractice. Early drafts of documents and internal e-mails will be safe from publication. If a third party adverse to the client seeks files from the client's counsel, the client's assertions of privilege and work product will prevail.

But what if this third party suddenly “stood in the shoes” of the client? This is essentially what happens when, in conjunction with an SEC investigation, a court-appointed receiver “standing in the shoes” of the corporate client asks for the lawyer's files. This article addresses what lawyers can do when they find themselves faced with a request for their files from receivers ostensibly standing in the shoes of their former clients but who, in fact, are working hand in hand with the SEC investigating the former client.

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