Bradford v. Goodwin

Thomas D. Horne Judge

Thomas J. Plofchan, Jr., Esq.
46308 Cranston Street, Suite 225
Sterling, Virginia 20165 W. Scott Greco, Esq.
1300 Old Chain Bridge Road
McLean, Virginia 22101 Gentlemen:

This matter is before the Court on the Plaintiff's Motion to Compel Discovery. The Plaintiff requests that this Court compel the defendants' real estate agent and the defendants' attorney to disclose their communications amongst one another. It is not possible to determine from the extant record whether either may be compelled to testify as to those matters about which the privilege is asserted.

In the Commonwealth, "[c]onfidential communications between attorney and client made because of that relationship and concerning the subject matter of the attorney's employment are privileged from disclosure . . . " Commonwealth v. Edwards, 235 Va. 499, 508-9 (1988). "The privilege attaches to communications of the client made to the attorney's agents, including accountants, when such agent's services are indispensable to the attorney's effective representation of the client." Id. at 509. An attorney is ethically barred from revealing such information. Va. Rules of Prof'l Conduct R. 1.6 (2001). If a communication would have been privileged had it been made directly between an attorney and his client, it will be equally privileged when it is made through the client's agent or employee. 81 Am. Jur. 2d Witnesses §§ 382, 428 (1992).

Accordingly, the Court will defer a ruling on the motions to permit the parties to supplement the record.

Very truly yours,

Thomas D. Horne

Judge