Lane v. SHARP PACKAGING SYSTEMS, INC.

SHIRLEY S. ABRAHAMSON, CHIEF JUSTICE

¶ 70. (dissenting). This case involves the questions of

who is the client and who speaks for the client when a corporation claims an attorney-client privilege. More specifically, the question presented in this case is whether Lane, a former director in a closely held corporation, may have access to documents created during his tenure as a director of the corporation when the corporation's current board of directors asserts the corporation's attorney-client privilege to those documents. The majority opinion concludes that the current directors decide whether…