Randal Lowe Plumbing LLC v. Peachtree Cmties. LLC

A judgment-creditor has not made the showing required to justify a subpoena on the judgment-debtor’s old law firm. After unsuccessful attempts to obtain discovery from the defendant in Georgia, the plaintiff served a subpoena on the law firm related to sale of the defendant’s business.

The law firm sought to quash the subpoena based on attorney-client privilege. Because the documents sought are possessed by the law firm solely by virtue of its attorney- client relationship with the defendant and a related entity, it’s a fair inference that the firm obtained the documents sought in order to provide legal assistance to the defendant.

Thus, the plaintiff bears the burden to show that the documents could have been obtained by court process from the defendant when they were in the defendant’s possession.¬†Further, the plaintiff must show that the documents sought were the result of transfer by the defendant to the law firm. The plaintiff has made neither showing at this time, but if it can do so it may serve another subpoena on the law firm.

Randal Lowe Plumbing LLC v. Peachtree Cmties. LLC, No. CM18-405, Jan. 25, 2019. Fairfax (Gardiner).

Categories: Opinions, Virginia Circuit Courts

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