Barrett v. Wagenbrenner

Citations

• 2025 Ohio 2494

Syllabus

On interlocutory appeal. The trial court erred in holding that the defendants had waived their attorney-client privilege. Consenting to an attorney's appearance as a testifying witness is not enough, by itself, to constitute an express waiver of the privilege under R.C. 2317.02(A)(1). An attorney's testimony about non-privileged information does not implicate R.C. 2317.02(A)(1). Because the statute does not provide for implied waivers of the attorney-client privilege, Ohio courts cannot apply the common-law rule of implied waiver. Judgment reversed.