CIGANA CORP. v. Spears

I respectfully dissent. I would grant the writ as to most of the documents.

I agree with the majority that the lawyer-to-lawyer communications are privileged and that respondent’s order sustaining the crime-fraud exception to the privilege is absolutely unfounded.

I disagree with the majority’s apparent holding that there must be specific evidence that each person who read each document must be a representative. Under Weisel Enterprises, Inc. v. Curry, 718 S.W.2d 56, 58 (Tex.1986), a court may look at the documents themselves to see whether privilege has been established.

Several documents are…