Foley v. Poschke

By the Court.

Section 11494, General Code, says explicitly that an attorney shall not testify concerning a communication made to him by his client in that relation, or his advice to his client, unless the client gives express consent. However, when the client voluntarily testifies, the attorney may be compelled to testify on the same subject.

An examination of the record herein discloses that while Mr. Spooner testified to some matters which cannot be properly classed as privileged, he also testified as to matters which were of a confidential nature and concerning which the defendant had not…