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In re Houseman

While Texas Rule of Evidence 503(c) confers the right to claim the attorney/client privilege on behalf of the client to the client's attorney at the time the communication was made, the rule does not preclude the client's subsequent trial attorney from raising evidentiary privileges, including the attorney-client privilege, on behalf of the client.

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Original Proceeding

OPINION

Relator, Edna Houseman, seeks a writ of mandamus to prevent testimony in a guardianship proceeding from Dr. Edward Gripon, a psychiatrist employed by a prior attorney to assess her mental competency. Edna’s nephew, Robert Houseman, in connection with his application in the County Court at Law for appointment of a guardian of Edna’s person, seeks to use the testimony to challenge the authority of Edna’s attorney to act in her behalf. Edna contends that allowing the testimony would violate her attorney-client privilege. The trial court initially sustained Edna’s objection to the testimony but, on Robert’s motion for reconsideration, ultimately ruled that Dr. Gripon’s testimony is admissible, not being precluded by any privilege. Edna seeks to have the September 11, 2001, order on the motion to reconsider vacated. We conditionally grant the writ of mandamus because the trial court abused its discretion by ruling that Dr. Gripon’s testimony is admissible; the testimony is inadmissible because it is barred by the attorney-client privilege.

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