Article

No Need to Bring Your Toothbrush!

When a trial judge ruled that a railroad's director of claims was not part of the railroad's control group, and in any event, the attorney-client privilege was waived, the court ordered production of two documents which had been written to outside and inside counsel respectively. After my partner, Rich Sikes, refused to turn over the documents, the judge found him in contempt and fined him $100. Now the 1st District has said not to worry. The claims director is indeed a member of the railroad's control group and there was no waiver of privilege. Contempt vacated. Hayes v. Burlington Northern & Santa Fe Railway Co., 752 N.E.2d 470, 256 Ill.Dec. 590 (1st Dist. June 12, 2001).