Opinion
No. CV03-0176458S
August 10, 2007
MEMORANDUM OF DECISION RE MOTION #133
The defendant's motion is granted. "[W]hen a party specifically pleads reliance on an attorney's advice as an element of a claim or defense, voluntarily testifies regarding portions of the attorney-client communication, or specifically places at issue, in some other manner, the attorney-client relationship . . . the party has waived the right to confidentiality by placing the content of the attorney's advice directly in issue because the issue cannot be determined without an examination of that advice." (Emphasis added.) Metropolitan Life Ins. Co. v. Aetna Casualty Surety Co., 249 Conn. 36, 53, 730 A.2d 51 (1999). The record reveals that the plaintiff previously testified by deposition on October 25, 2004 that when he signed the $35,000 release in question, such decision to sign the release and relinquish his right to collect an additional $15,000 was based in reliance on the advice of his counsel, Attorney Zyko. See defendant's exhibit C, p. 64-66. The basis of this lawsuit is that the plaintiff seeks to hold the defendant responsible for the plaintiff's not having a higher amount of underinsured motorist insurance coverage available to him. The issue of whether the plaintiff had any further related loss for which the defendant may be held responsible is directly related to the plaintiff's testimony concerning the circumstances of the plaintiff's signing the $35,000 release pursuant to his attorney's advice. Because the plaintiff testified regarding the attorney-client privilege and has placed the relationship at issue, and because this issue is necessary for a determination of the plaintiff's case — and the defendant's liability to the plaintiff — the plaintiff has waived the right to confidentiality and the defendant's motion is granted.
SO ORDERED.