Litigation

A spouse is entitled to the return of documents protected by the attorney-client privilege that are acquired by the other spouse, even if the matter has already been decided on the merits. Wiedemann v. Wiedemann, No. 208-CA-90, Court of Appeal of Louisiana, Fifth Circuit, May 27, 2008.

The parties were divorced after a trial. During the trial, it was discovered that the husband had acquired some of the wife's documents that were protected by the attorney-client privilege. After the trial on the merits, an evidentiary hearing was conducted and the husband was ordered to destroy or return the documents to the wife. The husband appealed, arguing that the trial court erred in adjudicating an issue regarding evidentiary privilege after the trial. He further argued that the lower court erred in failing to hold a hearing on whether privilege had been waived by the wife. The appellate court affirmed, failing to find merit in the husband's argument. Rather, the issue was whether the wife was entitled to a return of the documents on the basis that the documents belonged to her, were of a confidential nature and were privileged. It held the trial court retained jurisdiction after the trial on the merits, and it was within the court's authority to order the return of the documents.