- 27 - VI. “Invasion of privileged attorney-client communications through unlawful monitoring of meetings and telephone conversations.” We dispose of this complaint first because, for the most part, it deals with a matter already disposed of by the Court. In the motion, petitioner states: “Respondent engaged in illegal monitoring of attorney-client communications, which conversations were protected by the joint defense privilege.” In petitioner’s memorandum, petitioner states: On several occasions in this case, the Respondent utilized Wendell Davies -- an attorney representing certain farmers who had contracted with AMCOR partnerships -- as a confidential informant (ultimately paid) to engage in monitored telephone conversations or meetings with Ted Frame, an attorney representing AMCOR, its principals and employees, and AMCOR partnerships. Although petitioner is not specific about the “several occasions” he has in mind, the focus of petitioner’s complaint with respect to conversations participated in by Mr. Frame appears to be the conversations monitored and recorded by Mr. Goolkasian on November 14, December 8, and December 9, 1988 (the three conversations). With respect to the three conversations, petitioner has failed to establish any attorney-client privilege including joint defense privileges, or the application of the so- called “work product” doctrine. See Hickman v. Taylor, 329 U.S. 495 (1947). Indeed, petitioner has failed to prove that Mr. Frame was the recipient of any privileged communications with respect toPage: Previous 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Next
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