Top Texas Court to Review UT’s Attorney-Client Privilege Case

The University of Texas at Austin was granted review Friday by the state’s top court to decide whether an independent investigator is a “lawyer’s representative” for purposes of attorney-client privilege.

The Texas Rules of Evidence define a lawyer’s representative broadly, as a person employed by the lawyer to assist in “the rendition of professional legal advice.” However, the court of appeals “improperly” required a higher standard of evidence to show that independent non-attorney consultants count as a lawyer’s representative, UT Austin said in its petition for review.

UT Austin general counsel hired Kroll Associates to investigate allegations of improper ...