The Georgia Court of Appeals upheld a Cobb County judge’s disqualification of the lawyers representing the housekeeper of Waffle House CEO Joe Rogers, who is locked in litigation with the housekeeper, Mye Brindle, over what he claims were efforts to extort him with a secretly recorded video of the two engaged in a sex act. Brindle and her lawyers are also facing criminal charges in Fulton County over the incident.
Last year, Cobb Superior Court Judge Robert Leonard III disqualified Brindle’s lawyers, David Cohen and John Butters, after finding that they were likely to be called as witnesses in Rogers’ civil case against Brindle because of their alleged involvement in arranging the videotaping. Leonard made his ruling after conducting a hearing into whether attorney-client privilege could be breached under Georgia’s crime fraud exception, which lifts the privilege in cases where there is reasonable basis to believe a client and attorney communicated to further a criminal act.
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