Hollins v. Powell
United States Court of Appeals for the Eighth Circuit
773 F.2d 191 (8th Cir. 1985)
After Wellston's new mayor, Robert Powell (defendant), appointed his own housing commissioners and had the former commissioners (plaintiffs, including Hollins) arrested for attempting to hold a housing meeting, the commissioners sued Powell and the City for violating their constitutional rights. During trial, the plaintiffs called Powell as a witness, and on direct examination he testified without objection about his conversations with the City's attorney and his own attorney. The plaintiffs then called the City's attorney to testify as well; the defendants objected on attorney-client privilege grounds, the objection was overruled, and the jury found for the plaintiffs.
Whether the attorney-client privilege is waived by implication when the client testifies to portions of the protected attorney-client communication.