HILL v. JOHNSON

(CC 20CV31237) (SC S069766).

538 P.3d 204 (2023)

371 Or. 494

Thomas HILL, Plaintiff-Relator, v. Ronald M. JOHNSON, Defendant-Adverse Party.

Supreme Court of Oregon.

October 19, 2023.


Attorney(s) appearing for the Case

Ryan D. Harris , Vial Fotheringham LLP, Lake Oswego, argued the cause and filed the briefs for plaintiff-relator. Also on the briefs was Matthew A. Martin .

Nathan G. Steele , The Steele Law Firm, P.C., Bend, argued the cause and filed the brief for defendant-adverse party.

Before Flynn, Chief Justice, and Duncan, Garrett, DeHoog, Bushong, James, and Masih, Justices.


An exception to the attorney-client privilege applies to communications that are "relevant to an issue of breach of duty" between an attorney and client. OEC 503(4)(c). This mandamus proceeding requires us to define one boundary of that breach-of-duty exception: whether the exception applies only to communications between the parties...

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