Westheimer v. Tennant

OPINION

DRAUGHN, Justice.

Relators are accountants who have been sued for professional malpractice based on their advice concerning a failed tax shelter. To further their discovery, they petition us for a writ of mandamus compelling the trial judge to allow them to depose an attorney-witness. The prospective witness, a tax specialist, had previously counseled with the plaintiff/real party-in-interest about the same tax shelter. Relators assert that the attorney’s prior advice is critical to their defense and they are entitled to it; plaintiffs assert that the attorney-client privilege protects…