Attorney-Client Privilege Waived, Invoices and Fee Agreement Discoverable.
Plaintiff testified at deposition that his father-in-law was present during all of his meeting with counsel and that plaintiff forwarded a fee arrangement and progress invoices received from his counsel to his father-in-law. The Court held that the attorney-client privilege was waived because the presence of plaintiff’s father-in-law was for support purposes as opposed to being necessary to facilitate the attorney-client relationship. The Court also decided that federal privilege law applied because plaintiff invokes federal question jurisdiction, notwithstanding plaintiff’s supplemental state law claim under Ohio Revised Code 4112.02. Moreover, the Court held that the the fee arrangement and invoices were discoverable.
Lucas v. Gregg Appliances, Inc., 1:14-cv-70 (W.D. Ohio, Dec. 5, 2014).