Does Exception to Attorney-Client Privilege Apply in Lawsuits Between Law Firm and Former Client?
When Client Withholds Payment, Asserts Malpractice Claim Against Law Firm Squire, Sanders & Dempsey L.L.P. v. Givaudan Flavors Corporation, Case no. 2009-1321 8th District Court of Appeals (Cuyahoga County) ISSUE: Does Ohio recognize a common law “self-protection” exception to the attorney-client privilege that allows a law firm to disclose otherwise confidential client communications in the context of a lawsuit between the firm and a client in which the firm seeks to recover unpaid legal fees and/or to defend itself against the client’s claims of overbilling and other malpractice? BACKGROUND: From 2003 to 2007, the Cleveland-based law firm of Squire, Sanders & Dempsey (SSD) represented Givaudan Flavors Corporation in product liability litigation. In 2007, Givaudan severed its relationship with SSD and retained new outside counsel. SSD billed Givaudan for $1.8 million in unpaid legal fees. When Givaudan refused to pay, SSD filed suit. Givaudan filed a counterclaim alleging that SSD had
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