Banc of America Securities, LLC v. Evergreen International Aviation, Inc., 2006 NCBC 2 (N.C. Super. Ct. Jan. 25, 2006)(Diaz)

The Court addressed the "at issue" exception to the attorney-client privilege in this case. The Court held that the advice of counsel becomes at issue "where the client asserts a claim or defense, and attempts to prove that claim or defense by disclosing or describing an attorney client communication." It held that the defendant had not put its attorneys' advice at issue merely because the attorney's advice was relevant. Plaintiff's motion to compel was denied.

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