In Frechtman v. Gutterman, 115 AD3d 102 (1st Dep't 2014), the First Department concluded that "even if the absolute privilege were inapplicable, the statements contained in defendants' letters would be subject to a qualified privilege as communications upon a subject matter in which both parties had an interest." Frechtman, 115 AD3d at 107. In Frechtman, a letter sent by a client to an attorney terminating the representation included statements that the attorney had inadequately represented the client's interest, referenced a variety of mistakes, and characterized the conduct as "misconduct, malpractice, and negligence." Frechtman, 115 AD3d at 103-04. Nevertheless, the court concluded that "while the use of words such as misconduct' and malpractice' may, viewed in isolation, seem to be assertions of provable fact, or claims supported by unstated facts, viewed in their context, these statements amount to the opinions and beliefs of dissatisfied clients about their attorney's work." Frechtman, 115 AD3d at 106.