Spitzer v. Stillings

This proceeding presents the single question whether a confidential communication made by a party to his attorney loses its privilege if such party becomes a voluntary witness at the trial and testifies generally to matters necessary to establish his cause of action, without re^ ferring in any way to the communications between him and his attorney. It is assumed that the general testimony of the party would establish the liability of the opposing party, and that the testimony of the attorney if he were permitted and required to divulge the communications, would tend to contradict the…