Faloney v. Wachovia Bank, N.A.

MEMORANDUM OPINION

TIMOTHY R. RICE, United States Magistrate Judge.

In this case, a contested document’s status as privileged depends on when in-house legal counsel functions as a legal advisor as opposed to a business advisor, and whether the communication was confidential. Whether the document was prepared in anticipation of litigation determines if the document also is protected by the work-product doctrine. For the following reasons I find the document privileged and protected by the work product doctrine.

BACKGROUND

Plaintiffs Mary Faloney, James Whitt, and Anitra Whitt (“Faloney”) have sued…