Hernandez v. Tanninen, No. 09-35085, involved plaintiff’s petition for a writ of mandamus challenging a decision finding that any attorney-client or work product privilege between plaintiff and his prior attorney was waived and ordering the production of all thirty-five documents referenced in a privilege log. The court of appeals granted the writ, on the grounds that 1) plaintiff only waived privilege with respect to his communications with prior counsel about defendant, as well as counsel’s communications and work product relating to counsel’s interaction with defendant, and thus the district court clearly erred in finding a blanket waiver of the attorney-client and work product privileges as to the entire case; and 2) the district court’s order finding a blanket waiver was “particularly injurious” to plaintiff’s interests.
As the court wrote: “Rolando Hernandez appeals the district court’s decisionfinding that any attorney-client or work product privilege between Hernandez and his prior attorney, Gregory Ferguson, was waived and ordering the production of all thirty-five documents referenced in a privilege log.”
Related Resources
- Full Text of Hernandez v. Tanninen, No. 09-35085
You Don’t Have To Solve This on Your Own – Get a Lawyer’s Help
Civil Rights
Block on Trump’s Asylum Ban Upheld by Supreme Court
Criminal
Judges Can Release Secret Grand Jury Records
Politicians Can’t Block Voters on Facebook, Court Rules
