New Jersey Business Litigation: Attorney-Client Privilege Only Extends So Far

by Robert Levy

In Marshall v. JPMorgan Chase Bank, A-1405-11, the Appellate Division of the Superior Court of New Jersey reminded litigants that the attorney-client privilege only extends so far. The court ruled that a plaintiff in a New Jersey sexual discrimination lawsuit had to turn over a summary she drafted because it was created before she hired her attorney.

The Facts of the Case

As detailed in the opinion, Plaintiff Doreen Marshall appealed an order that required her to turn over in discovery a handwritten summary she prepared to assist her in keeping an accurate record of the hostile work environment that eventually became the subject of a sexual discrimination lawsuit alleging a violation of the Law Against Discrimination (LAD), N.J.S.A. 10:5-1 to -49.