January 2006

Attorneys Must Anticipate Opposing Counsel's Moves

By David S. Buckel

Attorneys representing clients in same-sex, committed relationships sometimes are unprepared to deal with opposing counsel's efforts to seek testimony disclosing the content of communications between a client and his or her same-sex life partner. In many jurisdictions, the non-client partner will be unsuccessful in asserting a privilege not to disclose this information, and forced at deposition -- and maybe at trial -- to divulge statements made by the client. Clients challenging the harms of negligence, medical malpractice, and even intentional torts have experienced a second round of harm as they watch a loved one testify about what they believed were secret exchanges.

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