Jackson v. Greger

{¶ 21} I concur with the majority’s holding to the extent that it affirms the judgment of the court of appeals that overturned the trial court’s order compelling the production of privileged communications and attorney work product relating to Jackson’s Section 1983 action. I would hold, however, that R.C. 2317.02(A), relating to testimonial privilege, does not apply and that Greger did not satisfy the test for implied waiver of the common-law attorney-client privilege.

{¶ 22} R.C. 2317.02(A) precludes an attorney from testifying on issues covered by the attorney-client privilege:

{¶ 23} “The…