This is an interesting new case from the Maryland Court of Appeals that underscores the limits of the attorney client privilege: you can’t use it as a sword and a shield. Here, the defendant in
a breach of contract action hung his hat in his defense of a bad faith allegation by citing letters with his lawyers to show he was acting in good faith.
The court held that if you crack that door, you have to open the whole thing. This is a problem for the defendant if another correpondence to his lawyers is referred to by the court as the “stop the
bastards email.” You can imagine this had an unhappy ending for defendant, which is did to the tune of $40 million
You can read the entire opinion in CR-RSC Tower I, LLC, et al. v. RSC Tower I, LLC, here.