JSH Reporter Fall 2014 - Page 17

ATTORNEYCLIENTPRIVILEGEARTICLE 017 THE IMPLIED WAIVER OF THE ATTORNEY-CLIENT PRIVILEGE UNDER STATE FARM V. LEE: A REFRESHER COURSE AUTHOR: Bill Caravetta EMAIL: wcaravetta@jshfirm.com BIO: jshfirm.com/williamgcaravettaIII The facts leading up to the Court’s decision in Empire West are as follows: In 2006, while pursuing the purchase of a vacant lot in Mesa, Jannett discovered a recorded Quit Claim Deed abandoning an access easement essential for developing the property. Empire West, acting as title agent for Fidelity National Title, allegedly informed Jannett that the Quit Claim Deed would not affect his claim to the easement. Jannett later decided not to complete the transaction and informed Empire that DOS Land Holdings would instead purchase the property. )=