Edward S. Cheng quoted in Massachusetts Lawyers Weekly on issues regarding closely-held corporations and attorney-client privilege
Edward S. Cheng, partner in the firm’s Litigation Department and co-chair of the Professional Liability Group, was quoted in Massachusetts Lawyers Weekly on issues regarding closely-held corporations and attorney-client privilege. The article, “Shareholders must produce emails to and from counsel,” discussed the Suffolk Superior Court’s decision in Mirra, et al. v. Mirra, et al.
From the article:
Closely-held corporation law is “tricky ground” for lawyers, particularly where the constituents start to fight with each other, said attorney Edward S. Cheng. The Boston business litigator had little doubt that the court “got it right” in finding there was no implied attorney-client relationship in Mirra.
“Business attorneys have to be very careful to let everybody know who they represent, particularly in the engagement letter,” said Cheng. “They need to think about not only who they represent now, but also what kind of duties they owe to whom when things fall apart.”
Another lesson Cheng takes from the case is that lawyers need to take care to instruct their clients on how they should handle privileged emails and to what degree they can be shared.
Read the full article from Massachusetts Lawyers Weekly here.