NUMBER 218 1923

Question. When a client brings suit for rescission of a contract made by him with a third person upon the ground that his lawyer deceived him and thereby induced him to make the contract, may the lawyer, whose good faith is thus attacked, properly disclose to counsel for the defendant the communications which he actually made to his client, and which are not those of which his client falsely accuses him as the basis of his suit?


Answer. In the opinion of the Committee, the client, by making the charges against the lawyer, waives the privilege of the otherwise confidential communication; and therefore it is of the opinion that such disclosure may be made.