Kesler v. Brown

The petitioner, an attorney, seeks certiorari review of the circuit court’s order denying him the right to depose the respondent, his former client, in this action for legal malpractice and fraud. The court denied discovery because the respondent had been previously deposed in the bar grievance proceeding he had brought against the petitioner. In this case, we hold that the trial court departed from the essential requirements of law, leaving the petitioner without a remedy on appeal.

We recognize that certiorari review of orders denying discovery is rarely appropriate. See State Farm Mutual…