Missouri Court of Appeals, Eastern District / Aug 31, 2021
State of Missouri ex rel. Kilroy Was Here, LLC, et al., Relators, vs. The Honorable Joan L. Moriarty, Circuit Judge, Twenty-Second Circuit Court of Saint Louis, Missouri, Respondent.
Relators, including Kilroy Was Here, LLC, sought a writ of mandamus after the trial court quashed their subpoena duces tecum to attorney Keith Phoenix's firm, SPvG. SPvG had advised Starr Indemnity and Liability Company regarding a potential bad faith refusal to settle claim against Kilroy. The appellate court found the trial court erred in concluding the attorney-client privilege applied to all documents, as Phoenix's actions sometimes exceeded the scope of his representation of Starr, acting as de facto co-counsel for Kilroy or a claims adjuster. The court made its preliminary order in mandamus permanent, directing the trial court to set aside its order and conduct an in camera review to determine discoverability.