Empire West Title Agency, L.L.C. F/k/a Empire Title Agency of Arizona, L.L.C., an Arizona Limited Liability Company…

Summary

The court held that DOS did not impliedly waive the attorney-client privilege by alleging that it reasonably believed the contractual easement description appeared in the closing documents. A breach-of-contract claim based on failure to comply with contractual terms did not place DOS’s subjective knowledge or mental state at issue, and the requested communications were not shown to be vital to Empire’s defense. The court vacated the court of appeals’ decision and remanded for further proceedings.