I am on the board of a coop building. We ( the board) asked, by email, to have a discussion with our lawyer, found through our property manager, about certain building issues that might have legal repercussions. The lawyer replied and cc'd the property manager. Is that proper conduct?
Answer
It's hard to say based on the limited information you supply. If some of the issues that you discussed with counsel involved questioning some of the acts and omissions of the managing agent then you don't need another lawyer to tell you that he did wrong. It also depends on the content of his advice. By including the managing agent on the letter, the lawyer sacrificed the attorney-client privilege and the work product privilege, and that might have been a bad thing.
I suggest you consult a lawyer who will not have any ties to personnel who are not in building management. This may be totally innocent, or it may reflect the lawyer's divided loyalties. You would do well to discuss these issues with another, independent lawyer.
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