Supreme Court of Colorado

In re Rademacher v. Greschler

January 13, 2020455 P.3d 769

Summary

The court held that Rademacher did not impliedly waive attorney-client privilege by filing her malpractice action near the statute-of-limitations deadline or by contesting the defendant's limitations defense. Her claim and response to the defense did not focus on or depend on legal advice, and the defendant—not Rademacher—placed the timing of her knowledge and injury at issue. The court exercised original jurisdiction because disclosure of privileged materials could not be remedied on appeal and made the rule to show cause absolute.