SAN FRANCISCO -- A disclaimer at the end of a law firm's online questionnaire did not waive the confidentiality of information supplied by prospective clients even though it did not establish an attorney-client relationship, plaintiffs argue in a March 1 petition for a writ of mandamus seeking the reversal of a federal judge's ruling (Andrew Barton, et al. v. U.S. District Court for the Central District of California, No. 05-71086, 9th Cir.).
The five plaintiffs, who are involved in the Paxil withdrawal MDL and have a trial scheduled for May 2, are asking the Ninth Circuit U.S. Court of Appeals to overturn U.S. Judge Mariana Pfaelzer of the Central District of California's Jan. 28 order requiring the production of online questionnaires submitted to their attorneys before they were clients. Judge Pfaelzer found that although the questionnaires constituted preliminary consultations that the Ninth Circuit has held are privileged, the plaintiffs waived their right to confidentiality when agreeing to the disclaimer at the end of the questionnaire.
Interesting issue. I wonder what those online questionnaires reveal that is making plaintiffs fight so hard to keep them confidential? Details here from Mealey Publications via LexisONE.com.