Attorneys May Suffer Consequences for Using Their Clients' Ill-Gotten Evidence

Abstract

Do we ask our clients where and how they obtained evidence when they mysteriously present emails between their spouse (whose interests are adversarial to their own) in the future? Likely, we must—to avoid just the type of conundrum that Taylor finds herself in. Further, “the attorney-immunity doctrine does not apply to all conduct by attorneys, so attorneys are not precluded from being the subject of a wiretap claim even though some of their conduct may give rise to an immunity defense.” Attorney immunity, after all, is “not boundless.”