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#225537 - 09/23/09 05:45 PM Text messages between attorney and client
STSooho Offline
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Registered: 06/30/09
Posts: 10
In a recent civil (not divorce) case, a judge ruled that the text messages exchanged by a client and her attorney during a deposition had to be disclosed to the opposing side. See Ngai v. Old Navy, Civil Action 07-5653, D.N.J. July 31, 2009. Note, text messages before the deposition were privileged, but during the client's deposition she was barred from communicating with her lawyer, as she would during trial. In this case, the deposition was conducted on camera. The attorney conducting the deposition could not see the client texting out of camera range, but found out when the client's attorney sent a text message to the opposing attorney that was intended for the client-deponent.

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#225542 - 09/23/09 08:22 PM Re: Text messages between attorney and client [Re: STSooho]
astrolink Offline
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Registered: 06/03/03
Posts: 5742
It sounds like the correct ruling to me.

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