BRUMWELL v. PREMO

(CC 12C11135; SC S060980).

326 P.3d 1177 (2014)

355 Or. 543

Jason Van BRUMWELL, Petitioner-Relator, v. Jeff PREMO, Superintendent, Oregon State Penitentiary, Defendant-Adverse Party.

Supreme Court of Oregon, En Banc.

Decided May 30, 2014.


Attorney(s) appearing for the Case

Jesse Merrithew , Levi Merrithew Horst LLP, Portland, argued the cause and filed the brief for relator. With him on the brief were Michael Curtis and Kathleen Correll.

Timothy A. Sylwester , Assistant Attorney General, Salem, argued the cause and filed the brief for adverse party. With him on the brief were Ellen F. Rosenblum , Attorney General, and Anna M. Joyce , Solicitor General.

Timothy R. Volpert , Davis Wright Tremaine LLP, Portland, filed the brief for amicus curiae American Civil Liberties Union of Oregon, Inc. With him on the brief were Blake J. Robinson and Kevin Diaz , Legal Director, ACLU Foundation of Oregon, Inc.

Kenneth A. Kreuscher , Portland Law Collective, LLP, Portland, filed the brief for amicus curiae Oregon Criminal Defense Lawyers Association.


BALDWIN, J.

This is the second of two cases that this court decides today regarding the interpretation and application of OEC 503(4)(c), the breach-of-duty exception to the lawyer-client privilege, OEC 503(2). In Longo v. Premo, 355 Or. 525, 326 P.3d 1152 (2014), we construed OEC 503(4)(c) to be a limited exception permitting disclosures of confidential information only as necessary for a lawyer...

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