QUERNER v. RINDFUSS

No. 04-97-00190-CV.

966 S.W.2d 661 (1998)

Jimmie L. QUERNER, Individually and as Beneficiary and Successor Administrator of, and Distributee of an Undivided One-Half of the Claims of the Estate of Patti Jean Querner, Deceased, and Thera Querner, Individually and as Beneficiary and Successor Administrator of, and Distributee of One-Half of the Claims of the Estate of Patti Jean Querner, Deceased, Appellants, v. James A. RINDFUSS, Appellee.

Court of Appeals of Texas, San Antonio.

Rehearing Overruled March 31, 1998.


Attorney(s) appearing for the Case

Daniel P. Neelon, Daniel P. Neelon, Esq., A. Chris Heinrichs, A. Chris Heinrichs, P.C., San Antonio, for Appellants.

George H. Spencer, Jr., Tyler Scheuerman, Clemens & Spencer, San Antonio, for Appellee.

Before HARDBERGER, C.J., and LÓPEZ and STONE, JJ.


OPINION

HARDBERGER, Chief Justice.

This case pits the privilege afforded attorneys in litigation against claims of fraud, breach of fiduciary duty and other assorted acts of wrongdoing. We find that many communications and acts of an attorney are protected by the litigation privilege, but not everything. The privilege is broad, but not absolute. We are sensitive to the need and reasons for an attorney to have a broad litigation privilege defense to enable...

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