Sitterson v. Evergreen School Dist., 2008 WL 4981630 (Wash. Ct. App. Nov. 25, 2008)
In this case, plaintiff brought suit against the defendant, a school district (“the District”), for breach of contract and quantum meruit following termination of his contract as a financial advisor. About one month after filing suit, plaintiff served his requests for production. In response, the District produced approximately 439 pages of documents, including four confidential letters between the District and its attorney regarding the litigation. Three years later and ten days before trial, plaintiff sent copies of his proposed exhibits to the District, including the four confidential letters. The District objected to their admission on the first day of trial, arguing that they were protected by attorney-client privilege. In response to a question from the trial court regarding his role in the production of the letters, the attorney for the District responded that the letters did “go through” him and he stated, “…I guess I just wasn’t thorough enough.” The trial court denied the District’s motion to exclude. Eventually, the jury awarded plaintiff $151,000.