ATTORNEYCLIENTPRIVILEGEARTICLE
017
THE IMPLIED WAIVER OF THE
ATTORNEY-CLIENT PRIVILEGE
UNDER STATE FARM V. LEE:
A REFRESHER COURSE
AUTHOR: Bill Caravetta
EMAIL: [email protected] BIO: jshfirm.com/williamgcaravettaIII
The facts leading up to the Court’s decision in Empire West are
as follows: In 2006, while pursuing the purchase of a vacant
lot in Mesa, Jannett discovered a recorded Quit Claim Deed
abandoning an access easement essential for developing the
property. Empire West, acting as title agent for Fidelity National
Title, allegedly informed Jannett that the Quit Claim Deed would
not affect his claim to the easement. Jannett later decided not to
complete the transaction and informed Empire that DOS Land
Holdings would instead purchase the property. )=