Kelley v. Abraham, No. 0052766 (Oct. 2, 1990)
Opinion of the Court
At a recent deposition, Attorney Wall refused to answer certain questions by asserting the attorney-client privilege. The plaintiff now seeks an order compelling Thomas Wall Jr. to testify as to facts and circumstances known to him or readily ascertainable by him regarding the circumstances surrounding the defendant's acquisition of legal title to the subject property.
The plaintiff's affidavit discloses that Attorney Wall represented both Mr. Abraham and Mr. Kelley at the time of the real estate transaction. Moreover, statements of Attorney Wall reveal that it is probable that his fee in the matter was paid by Mr. Kelley. When two or more people consult an attorney together on a matter of joint interest, their communications are privileged as to the outside world, but not as to each other in a later controversy between themselves. State v. Cascone, CT Page 3213
Mr. Wall has also refused to testify concerning the identity of individuals present at recent meetings he has had with the defendant Abraham and has refused to discuss the substance of those meetings. The attorney-client privilege applies only to the content of communications and does not extend beyond that point. Trumpold v. Besch,
The deponent also refuses to discuss the content of the recent meetings with Mr. Abraham and the others. A communication made in the presence of third parties is not privileged unless those other individuals present are agents or employees of the attorney or the client and their presence is necessary to the consultation. State v. Gordon,
Accordingly, the motion to compel is granted.
DRANGINIS, JUDGE
Case-law data current through December 31, 2025. Source: CourtListener bulk data.