Neither the Attorney Client Privilege Nor the Work Product Protection Apply if Outside the Representation of the Insurer

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The Court of Appeals was asked to resolve a discovery-related issue relating to the attorney-client privilege and work product doctrine. in State Of Missouri ex rel. Kilroy Was Here, LLC, et al. v. The Honorable Joan L. Moriarty, Circuit Judge, Twenty-Second Circuit Court Of Saint Louis Missouri, No. ED109351, Court of Appeals of Missouri, Eastern District, Writ Second Division (August 31, 2021)

ZALMA OPINION

Insurance coverage counsel must be careful to only act as attorney for the insurer and not get involved in the underlying actions. By getting involved coverage counsel can expose his client, himself and his firm to calumny and lose the protection of his hard earned law degree and license with his work read by his client's opponents.