Correspondence between NY State Prisoners and Disability Advocates Inc. Held to be Privileged and Non-Discoverable
After examining a sampling of the correspondence in question, the Court deemed it to be "classic attorney—client privileged communication." It found it "difficult to see how these letters -- which mostly raise claims of abuse and neglect by prison authorities -- could possibly be of any affirmative use to the defendants."
Despite the fact that DAI was serving a dual role as a legal service provider, on the one hand, and as an advocacy organization (the actual plaintiff in the case before the Court), on the other hand -- as both lawyer and client, in other words -- the Court found no basis to conclude that the privilege of confidential communication -- a privilege held by the prisoners, not DAI -- had been waived or forfeited. Source: Disability Advocates Inc. v. New York State Office of Mental Health, Case No. 02 Civ. 4002 (GEL) (U.S.D.C., S.D.N.Y., 2004).
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Related legal case
Disability Advocates Inc. v. New York State Office of Mental Health
|Cite||Case No. 02 Civ. 4002 (GEL) (U.S.D.C., S.D.N.Y., 2004)|