Brumwell v. Premo
Annotate this CasePetitioner, the petitioner in the underlying post-conviction case, sought a writ of mandamus to compel the Marion County Circuit Court to issue a protective order with respect to documents and communications subject to the lawyer-client privilege. Petitioner’s motion for a proposed protective order sought to prevent the State (who is the superintendent of the Oregon State Penitentiary and the defendant in the underlying post-conviction case) from disclosing such information to third parties unrelated to the post-conviction case. In "Longo v. Premo," (355 Or 525 (2014)), the construed OEC 503(4)(c) to be a limited exception permitting disclosures of confidential information only as necessary for a lawyer to defend against allegations of breach of duty, and the Court directed the issuance of a peremptory writ of mandamus requiring a post-conviction court to issue a protective order. Similarly, in this case, the Court granted mandamus relief.
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