Judge Can't Be Deposed by Party Building Legal Malpractice Case
Jacobson took the position that, by sending the email, Dubin had waived any privilege against being deposed, but Appellate Division Judges Joseph Yannotti and George Leone disagreed, noting it was inadvertently sent.
E. Carr Cornog III, of the Rotolo firm, who also worked on Jacobson’s case, says the judges ruled correctly about the impact of deposing judges about settlement discussions.
The firm plans to reinstate the fee claim, he says.
Jacobson’s malpractice lawyer, Susan Schleck Kleiner of Metuchen, did not return a call.
While the appeal was pending, Futey decided that Jacobson failed to prove his claims and dismissed them. He was upheld by Division on Civil Rights Director Craig Sashihara on Nov. 27.
Attorney General’s Office spokesman Paul Loriquet notes that the court found that settlement negotiations are a judicial function and that deposition of Dubin would undermine the integrity of the process.