CRIMSON TRACE CORP. v. DWT

(CC110810810; SC S061086).

326 P.3d 1181 (2014)

355 Or. 476

CRIMSON TRACE CORPORATION, an Oregon corporation, Plaintiff-Adverse Party, v. DAVIS WRIGHT TREMAINE LLP, a Washington limited liability partnership; Frederick Ross Boundy, an individual; and William Birdwell, an individual, Defendants-Relators.

Supreme Court of Oregon, En Banc.

Decided May 30, 2014.


Attorney(s) appearing for the Case

Kevin Stuart Rosen , Gibson, Dunn & Crutcher, LLP, Los Angeles, argued the cause and filed the brief for defendants-relators. With him on the brief was Daniel L. Keppler.

Bonnie Richardson , Folawn Alterman & Richardson, LLP, Portland, argued the case and filed the brief for plaintiff-adverse party. With her on the brief was John Folawn.

Robyn Rider Aoyagi , Tonkon Torp LLP, Portland, filed a brief on behalf of amici curiae Interested Oregon Law Firms.

Bridget Donegan , Larkins Vacura LLP, Portland, and Kristian S. Roggendorf , of Roggendorf Law LLC, Lake Oswego, filed a brief on behalf of amicus curiae Oregon Trial Lawyers Association.

Amar D. Sarwal and Evan P. Schultz , Association of Corporate Counsel, and Kelly Jaske , Jaske Law LLC, Portland, filed a brief on behalf of amicus curiae Association of Corporate Counsel.


LANDAU, J.

In this original proceeding in mandamus, relator Davis Wright Tremaine LLP ("DWT") challenges a trial court order compelling production of certain materials that, in DWT's view, are protected under the attorney-client privilege codified at OEC 503. The trial court issued the order in the context of a legal malpractice action against DWT by a former client. The materials that are the subject of the order are communications between DWT's designated in-house...

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