Date: 2006-07-17 Docket: 02-CV-223930 CM3. Belobaba J. | Link

In a case alleging fraud, conspiracy and breach of fiduciary duty, the defendants moved for removal of plaintiff's counsel. Defendants had inadvertently included privileged documents in their production set and notified plaintiff's counsel as soon as they became aware. Plaintiff's counsel refused to return the documents despite repeated requests, saying in the first instance that the documents weren't privileged and in any case, any privilege had been waived. Court ruled that the firm be removed as the solicitor of record for the plaintiff.