Lewis Roca Secures Unanimous Decision Protecting Attorney Client Privilege

DENVER (June 14, 2024) – In a unanimous ruling, the Colorado Supreme Court ruled in favor of Lewis Roca's clients, protecting from disclosure their communications with their attorneys.

Plaintiffs brought toxic tort claims against a medical sterilization company, alleging the ethylene oxide emitted from the plant caused cancer and other health conditions. In the course of the litigation, the plaintiffs shared with their counsel details about their potential exposure through emails, interviews, and other communications with their lawyers. Their counsel then compiled this information into a spreadsheet, which was provided to an expert for purposes of estimating their exposure to the carcinogen.

The medical sterilization company attempted in the district court to force disclosure of plaintiffs’ communications with counsel, which the district court initially granted. Lewis Roca, on behalf of the plaintiffs, filed an original proceeding in the Colorado Supreme Court. The Court reversed, clarifying and affirming under Colorado law that a party cannot be compelled to disclose communications with their lawyers. While facts provided by the plaintiffs for the expert report are subject to discovery, their communications with their attorneys remain confidential, no matter the form in which they were provided.

Lewis Roca Denver Appellate Partners Kendra N. Beckwith and Kenneth F. Rossman IV represented Plaintiffs.

About Lewis Roca

Lewis Roca has a reputation for appellate work of the highest caliber. Ten United States Supreme Court decisions on the merits – including the landmark cases of Miranda v. Arizona, 384 U.S. 436 (1966) and Bates & O’Steen v. State Bar of Arizona, 433 U.S. 350 (1977) – had Lewis Roca lawyers as lead counsel.

Lawyers currently at the firm have represented clients in over 750 appeals in a breadth of subject areas across the country, including in the United States Supreme Court, the Second, Fifth, Ninth, and Tenth Circuit Court of Appeals, and appellate and supreme courts in Colorado and Arizona.

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