Board considers authorizing amicus on waiver of attorney/client
privilege, member input sought
November 3, 2003
The Litigation Section has asked the State Bar Board of Governors
(BOG) to allow it to file a brief amicus curiae in an appeal pending
before the Wisconsin Supreme Court in Harold Sampson
Children's Trust, et al, v. the Linda Gale Sampson 1979 Trust, et
al. (Supreme Court No. 02-1515).
The individual member who made the request is the counsel for the
petitioners.
The case involves a dispute over whether there was a waiver of the
attorney-client privilege arising from a production of documents by
counsel for the Plaintiffs. The Litigation Section brief is expected to
address the issue of who may waive attorney/client privilege and,
specifically, whether the client, and only the client, may waive the
attorney/client privilege.
For more information, please check the Court of Appeals decision
02-1515 Harold Sampson Trust v.
Linda Gale Sampson Trust (2003 WI App 141).
The State Bar's Litigation Section has asked the BOG to allow the
section to file an brief amicus curiae on behalf of the section only. It
is the Bar's present understanding that the Litigation Section intends
to support the petitioner's appeal.
The Executive Committee decided to take no position regarding the
request to file a brief amicus curiae in Harold Sampson Children's
Trust, et al, v. the Linda Gale Sampson 1979 Trust, et al., pending
a receipt of a request from the Litigation Section that complies with
the State Bar bylaws regarding amicus briefs.
Should such a request be received, the Executive Committee has voted
to place the request on the agenda of the Nov. 14, 2003 Board of
Governors agenda without recommendation as an action item.
The Litigation Section's amicus request will be on the Nov. 14 agenda
without recommendation as an action item.
Because issues of client confidences and waiver of attorney client
privilege are significant concerns to all Wisconsin practitioners and
the clients they represent, the State Bar welcomes member comment and
recommendations regarding this request.
In compliance with Article
VII of the State Bar bylaws governing amicus curiae briefs, the
State Bar invites members to express their opinions about whether the
BOG should authorize a brief amicus curiae on this matter. The board
will consider these comments and recommendations in making its
decision.
Please email
comments by Nov. 12, 2003 or mail them to:
Dan Rossmiller,
Public Affairs Director,
State Bar of Wisconsin,
P.O. Box 7158,
Madison, WI 53707-7158.
