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Kingma and Rogers Convince Unanimous Supreme Court to Reverse Court of Appeals and Final Waiver of Attorney Client Privilege

March 1, 2020

The case arose from a battle for control of a California aerospace company that had spawned litigation in California and Georgia. One group of the litigants brought malpractice claims against the CSKL 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 but the discovery sought was central to the defense. The Court realized the importance of this issue and the 18 page decision drew attention from national commentators.

For informational purposes only. Past success does not indicate the likelihood of success in future cases.