Highlighted Case

Shell v. Drew & Ward Co., LPA,

Background

Estate of law firm's former client brought legal malpractice action against firm and attorneys, alleging that firm represented subsequent client in action against estate, while continuing to represent estate. The Court of Common Pleas, Hamilton County, No. A-0701616, entered orders requiring discovery of documents and records arising from firm's representation of subsequent client. Firm filed interlocutory appeal.

Holdings

The Court of Appeals held that:
(1) portions of fee agreements were privileged under the work-product doctrine;
(2) portions of law firm's billing records were privileged under the work-product doctrine;
(3) communications between law firm and subsequent client's relatives who were not also firm's clients were not protected from discovery by attorney-client privilege;
(4) communications between law firm and subsequent client's relatives, sent to relatives as a courtesy, were not privileged from discovery under work product doctrine; and
(5) portions of multiple-representation agreements between law firm and client's relatives were privileged under the work-product doctrine.

Affirmed in part, reversed in part, and remanded.
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