DeCurtis v. Visconti, Boren & Campbell, Ltd.Annotate this Case
In 2000, Husband retained Attorney to draft an antenuptial agreement in anticipation of his marriage to Wife. In 2005, Wife filed for divorce. The petition was dismissed in a settlement that required the parties to execute a postnuptial agreement. Attorney drafted the agreement. In 2010, Wife again filed for divorce. Husband and Wife settled. In 2012, Husband filed suit against Attorney and his Law Firm (collectively, Defendants), alleging that Attorney negligently drafted the antenuptial and postnuptial agreements and negligently advised him. At issue in this appeal was a discovery order compelling production of any antenuptial or postnuptial agreements drafted or prepared by Attorney while he was employed at Law Firm. Defendants argued before the Supreme Court that the documents exceeded the scope of permissible discovery and were protected by the attorney-client privilege. The Supreme Court affirmed the discovery order, holding (1) the documents at issue were discoverable; and (2) Defendants did not have standing to assert the attorney-client privilege on behalf of their clients in this case, and the superior court protected the confidential interests contained in the documents by requiring redaction.