In re Nitla S.A. de C.V.

Nitla S.A. de C.V. (Nitla) sued Bank of America (the bank) alleging misappropriation of deposits and sought discovery of documents the bank claimed were privileged. After an in-camera review, the trial court ordered the documents produced; the bank asked for a stay to pursue emergency appellate relief, but the trial court partially denied the stay and released the documents to Nitla's counsel, who reviewed them relying on that order despite the bank's later fax asking counsel not to. A new judge, after abatement, agreed the documents weren't privileged but ordered them returned pending appeal; the appellate court ultimately found most documents privileged, and the bank moved to disqualify Nitla's counsel. The trial court declined, finding no unprofessional conduct, no evidence of a changed trial strategy, and available remedies short of disqualification; the bank appealed.