Legal Opinion · Dissent

In re Silver

Court of Appeals of Texas

Decided August 17, 2016No. 05-16-00774-CVPublished

1Dissent

Dissenting Opinion by

Justice Evans

In this original proceeding, relator Andrew Silver asks the Court to recognize that a client’s communications with his registered patent agent, made to facilitate the agent’s provision of authorized legal services to the client, are privileged under rule 503 of the Texas Rules of Evidence. Based on this premise, Silver requests mandamus relief from the trial court’s order compelling Silver to produce 300 communications with his registered patent agent. Because the United States Supreme Court has recognized that a non-lawyer, registered patent agent is…

2Cases cited14 opinions

  1. Walker v. PackerTexas Supreme Court · 1992
  2. In Re Prudential Insurance Co. of AmericaTexas Supreme Court · 2004
  3. Texas Department of Protective & Regulatory Services v. Mega Child Care, Inc.Texas Supreme Court · 2004
  4. Sperry v. Florida Ex Rel. Florida BarSupreme Court of the United States · 1963
  5. In Re EI DuPont De Nemours and Co.Texas Supreme Court · 2004

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