“It is axiomatic that only the client can waive the attorney-client privilege . . . . Absent express consent, it is not within the power of the client’s attorney to waive that privilege.”
How later courts described this case
- “It is axiomatic that only the client can waive the attorney-client privilege . . . . Absent express consent, it is not within the power of the client’s attorney to waive that privilege.”
Written by the judges who cited it.
The opinion
Rocco, Judge,
concurring in part and dissenting in part.
I agree with the majority’s conclusion that this court lacks jurisdiction to consider the second assignment of error. I also agree with the underlying purpose of the majority opinion on the first assignment of error: to protect the confidentiality of privileged, attorney-client communications. However, that confidentiality is not breached by disclosure among the client’s co-counsel. I believe that one attorney can discover communications among the client and other attorneys on the same matter, provided that adequate protective orders are entered to prevent further disclosure to others. Therefore, I would affirm the trial court’s order to allow discovery and remand with instructions to enter an appropriate protective order.