11th Circuit nixes lawyer's work-product claim, says he must produce documents to client's creditor
A federal appeals court has upheld an attorney-client privilege ruling by a trial court judge, putting a Georgia criminal defense attorney in an uncomfortable position.
If Jerry Froelich Jr. discloses information about his client, disbarred attorney Mitchell Gross, as the Atlanta-based 11th U.S. Circuit Court of Appeals ruled Monday that he must, he will be acting in contravention of his own interpretation of what the work product doctrine protects. And, if he doesn’t, he could potentially wind up in jail, explains the Daily Report (sub. req.),
At issue is a woman trying to collect a civil judgment from Gross, who is currently serving federal time for fraud. She says Gross waived the work-product privilege; Froelich says it is for the lawyer to decide whether or not to waive it.
In the short run, Froelich says, he will likely seek an en banc ruling from the 11th Circuit.
He said he had provided billing and payment records, which he believes is all that can properly be required of him, under the circumstances. “I have an obligation to protect my work product,” he told the legal publication.
Justia provides a copy of the 11th Circuit’s opinion.
