Brumwell v. Premo

Summarized by:

  • Court: Oregon Supreme Court
  • Area(s) of Law: Professional Responsibility
  • Date Filed: 05-30-2014
  • Case #: S060980
  • Judge(s)/Court Below: Baldwin, J. for the Court
  • Full Text Opinion

An attorney’s client may obtain a protective order concerning communications not reasonably needed by the attorney to defend himself against breach of duty allegations.

Defendant sought writ of mandamus to require the lower court to issue a protective order with respect to certain communications subject to the client-attorney privilege. Defendant was convicted of two counts of aggravated murder and sentenced to death but filed for post-conviction relief. In the post-conviction proceeding, he filed a motion for a protective order concerning the aforementioned communications which was ultimately denied by the lower court. The Court concluded that the lower court committed legal error by denying the defendant’s petition concerning communications that did not fit within the narrow exception of OEC 503(4)(c) and further concluded that a writ of mandamus would be an appropriate remedy in this situation. Remanded with a writ of mandamus requiring the lower court to vacate its order and issue a protective order.

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