Minakan v. Husted

In a marriage dissolution case, the husband claimed his wife hacked into his email and forwarded an email protected by attorney-client privilege. The husband moved to disqualify his wife’s attorney, and the trial court granted the disqualification. The wife filed a petition for writ of certiorari.

The Court granted the wife’s petition for certiorari, because the trial court did not hear the wife’s testimony or allow her to present evidence before disqualifying her attorney. The Court remanded the case back to the trial court to determine whether the husband treated his email as confidential and whether the wife gained an unfair advantage in discovering the email.

Decision