Joe Kingma Convinces Unanimous Supreme Court to Reverse Court of Appeals and Find Waiver of Attorney Client Privilege
The case arose from a battle for control of a California aerospace company that had spawned litigation in California and Georgia. One group of litigants brought malpractice claims against the CSKL’s law firm client. Joe sought discovery from another law firm that had also advised the Plaintiffs. The trial court granted discovery of the Plaintiff’s communication with the second firm but the Court of Appeals reversed. The Supreme Court agreed with CSKL that the privilege was waived by the filing of the malpractice suit. It is often difficult to convince the Georgia Supreme Court to accept a discovery dispute appeal but the discovery sought here was novel and important. The Court realized the significance of this issue and the 18 page decision drew attention from national commentators.
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