ALFIERI v. SOLOMON

(CC 1203-02980; CA A152391; SC S062520).

365 P.3d 99 (2015)

358 Or. 383

Phillip ALFIERI, Petitioner on Review, v. Glenn SOLOMON, Respondent on Review.

Supreme Court of Oregon, En Banc.

December 10, 2015.


Attorney(s) appearing for the Case

Mark McCulloch , Farleigh Wada Witt, Portland, argued the cause and filed the brief for the petitioner.

Thomas W. Brown , Cosgrave Vergeer Kester, Portland, argued the cause and filed the brief for the respondent.

Rankin Johnson, IV , Law Office of Rankin Johnson IV, LLC, Portland, filed the brief for amicus curiae Oregon Trial Lawyers Association.


The issue presented in this case is one of first impression: to what extent do the confidentiality provisions of Oregon's mediation statutes, ORS 36.100 to 36.238, prevent a client from offering evidence of communications made by his attorney and others in a subsequent malpractice action against that attorney? The trial court granted...

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