“Justices Decline to Extend Waiver Over Subject-Matter”

November 29, 2012


Mike Resis, Chair of the firm’s Appellate Practice Group, emphasized the potential consequences of extending the subject-matter waiver into extrajudicial settings in a case involving attorney-client communications for businesses.

In the November 29, 2012 Chicago Daily Law Bulletin article titled, “Justices Decline to Extend Waiver Over Subject-Matter,” Mike discusses an Illinois Supreme Court decision in which his name appeared on an amicus brief filed jointly by the International Association of Defense Counsel and the Illinois Association of Defense Trial Counsel (IDC).

Mike discusses how the business community might be apprehensive when seeking legal advice if the Supreme Court did not reverse the 1st District Appellate Court and trial court decisions, finding the attorney-client privilege did not get waived in a business dispute.

"As a matter of public policy, the court recognized that if the doctrine did apply that clients might not ask their own lawyers for legal advice in business matters for fear those communications would later be disclosed in litigation."

Mike is the chair of the amicus committee of the IDC.