(Download) "Republic Insurance Company V. Honorable Paul R. Davis (06/03/93)" by Supreme Court of Texas * Book PDF Kindle ePub Free

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eBook details

Title: Republic Insurance Company V. Honorable Paul R. Davis (06/03/93)
Author : Supreme Court of Texas
Release Date : January 03, 1993
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 82 KB

Description

This mandamus action calls for the resolution of two issues. First, does the "offensive use" waiver, enunciated by this court in Ginsberg v. Fifth Court of Appeals, 686 S.W.2d 105 (Tex. 1985), apply to the attorney-client privilege? Second, does the privilege for party communications extend to subsequent litigation? We conclude that the Ginsberg "offensive use" waiver, while potentially applicable to the attorney-client privilege, does not apply in this case. We also conclude that the party communication privilege does not extend to any lawsuit which does not involve claims that precipitated the communication. Because the trial court abused its discretion in ordering the production of documents protected by the attorney-client privilege, we conditionally grant the writ of mandamus.*fn1