Legal Opinion

Hélie v. McDermott

New York Supreme Court

Decided December 17, 2007Published

1Opinion of the Court

OPINION OF THE COURT

Michael D. Stallman, J.

Defendant attorneys move to compel a nonparty former client, Gramercy Advisors, LLC and its related entities, to comply with a subpoena duces tecum. This motion raises novel issues concerning the attorney self-defense exception to the attorney’s duty of confidentiality.

Background

In this legal malpractice action, plaintiff Marc Hélie claims that defendant John J. Sullivan, a partner in the law firm of defendant McDermott, Will & Emery, failed to disclose an alleged conflict of interest while Sullivan was allegedly representing plaintiff and acting as…

2Cases cited8 opinions

  1. Tekni-Plex, Inc. v. Meyner & LandisNew York Court of Appeals · 1996
  2. Jamaica Public Service Co. v. AIU InsuranceNew York Court of Appeals · 1998
  3. Moran v. HurstAppellate Division of the Supreme Court of the State of New York · 2006
  4. Velez v. Hunts Point Multi-Service Center, Inc.Appellate Division of the Supreme Court of the State of New York · 2006
  5. Fox v. FoxAppellate Division of the Supreme Court of the State of New York · 2002

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