Republic Insurance Co. v. Davis

OPINION

ENOCH, Justice.

This mandamus action calls for the resolution of two issues. First, does the “offensive use” waiver, enunciated by this court in Ginsberg v. Fifth Court of Appeals, 686 S.W.2d 105 (Tex.1985), apply to the attorney-client privilege? Second, does the privilege for party communications extend to subsequent litigation? We conclude that the Ginsberg “offensive use” waiver, while potentially applicable to the attorney-client privilege, does not apply in this case. We also conclude that the party communication privilege does not extend to any lawsuit which does not involve…