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J D Haas
J D Haas, Lawyer (JD)
Category: Legal
Satisfied Customers: 2998
Experience:  21 years as a serious injury/wrongful death trial lawyer; nationally board certified; 43 jury trials
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Request answer from J D Haas Can our attorneys also object ...

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Request answer from J D Haas: Can our attorneys also object to the request being too broad since they are requesting an entire file review - only specific item mentioned was bills? Also, their atty cited crime-fraud exception as a reason to review our file, but we are the ones claiming fraud against the builder - no one has accused us of fraud. Does the crime fraud exception apply to the plaintiff???
1) Yes, "overly broad" is an objection to a discovery request.
2) I agree that in order to have the best chance against an attorney/client privilege, the request should be narrowly made.
3) Unless NJ has a law linking waiver of attorney/client privilege in fraud cases, and I doubt that they do, then I do not understand that claim.
4) I agree with your analysis--with my limited knowledge of NJ law--that the fraud exception applies to the party against whom the request is made not the opposing party.

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