Steinberg v. Jensen

I write separately because I agree with the basic rule established in Klieger v. Alby, 125 Wis. 2d, 468, 373 N.W.2d 57 (Ct. App. 1985), and its successor cases, although I do not agree with all of Klieger's rationale or language.1 The majority errs in overruling Klieger. Finally, I do not agree with the approach of, or result reached by, the court of appeals in the case at bar, Steinberg v. Jensen, 186 Wis. 2d 237, 519 N.W.2d 753 (Ct. App. 1994).

*476I.

I read the Klieger rule as prohibiting ex parte discussions of a substantive nature between a defense attorney and a patient's treating physician…