STATE v. McDERMOTT

No. 94-461.

72 Ohio St.3d 570 (1995)

THE STATE OF OHIO, APPELLANT, v. McDERMOTT; LAWRENCE, APPELLEE.

Supreme Court of Ohio.

Decided July 26, 1995.


Attorney(s) appearing for the Case

Anthony G. Pizza, Lucas County Prosecuting Attorney, and J. Christopher Anderson, Assistant Prosecuting Attorney, for appellant.

Cooper, Walinski & Cramer and Richard Walinski; Kaplan, Richardson, Rost & Helmick and Jon D. Richardson, for appellee.

Harvey B. Bruner & Associates, Harvey B. Bruner and Bret Jordan, urging affirmance for amicus curiae, Ohio Academy of Trial Lawyers.

Squire, Sanders & Dempsey and Terri-Lynne B. Smiles, urging affirmance for amicus curiae, Ohio State Medical Association.

Kaplan & Lipson and Samuel Z. Kaplan; David H. Bodiker, Ohio Public Defender, Gloria Eyerly and Barbara Farnbacher, Assistant Public Defenders, urging affirmance for amici curiae, Ohio Association of Criminal Defense Lawyers and Office of the Ohio Public Defender.

Charles G. Hallinan; Dinsmore & Shohl and Mark A Vander Loan; Shumaker, Loop & Kendrick and Thomas G. Pletz, urging affirmance for amici curiae, Catholic Archdiocese of Cincinnati, Daniel E. Pilarczyk, Archbishop, and Catholic Diocese of Toledo.

Albert L. Bell and Eugene P. Whetzel, urging affirmance for amicus curiae, Ohio State Bar Association.


COOK, J.

In Ohio, attorneys, as well as other professionals, have presumed that professional discussions with clients may not later be the subject of testimony by that professional, even when the client has told a third person what was discussed. A contrary view, however, is apparent from paragraph one of the syllabus of State v. Post (1987), 32 Ohio St.3d 380, 513 N.E.2d 754, which reads: "[a] client's disclosure...

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