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Chard v. Chard, 2019 UT App 209 (Dec. 19, 2019)

Dec 19, 2019

This appeal was the result of the demise of Training Table restaurants in Utah.  In the trial court, Stephanie Chard and her father, Kent Chard, filed competing claims relating to corporate control over the restaurants, among other things.  Relevant here, Stephanie identified her attorneys, whom also represented the company, as witnesses having general “knowledge concerning matters in the pleadings[.]”  Based upon the broad disclosure, Kent argued that Stephanie had waived attorney/client privilege.  The court of appeals agreed, holding “[w]hen Stephanie identified her two attorneys as witnesses whom she planned to call at trial to testify about ‘matters in the pleadings,’ she placed the attorneys’ knowledge – about all matters raised in the pleadings – at issue in the litigation[,]” thereby waiving the privilege.