Ginsberg v. Fifth Court of Appeals

GONZALEZ, Justice.

This is a mandamus proceeding brought to contest the authority of the court of appeals to issue a mandamus directing the trial court to cease discovery into certain allegedly privileged matters.

The primary issue is whether a plaintiff has the right to use the psychotherapist-patient privilege offensively to shield information which would be material and relevant to the defendant’s defense of claims made against him by the Plaintiff. We disapprove of such a use and conditionally grant the writ.

Underlying Facts

Reuben M. Ginsberg is an attorney. Over the years, he had done…