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Watson v. Kaminski

To be privileged, the communication must relate to pending or proposed litigation and must further the attorney's representation; there is no requirement that the communication must set forth the specific litigation anticipated.

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OPINION

In 1999, appellant, a prison inmate, attempted to send an extortion demand to Smith Corona Corporation, but prison officials intercepted it and notified appellees. This occurred after appellant and Smith Corona had settled a lawsuit concerning appellant’s Smith Corona word processor. Attorney Robert Kaminski represented Smith Corona in that case and responded to correspondence from Texas Department of Criminal Justice (TDCJ) officials informing him of the extortion attempt. Kaminski wrote a letter to TDCJ concerning the incident.

Appellant sued Kaminski, his employer Griggs & Harrison, P.C., and Smith Corona, claiming that Kaminski’s letter defamed him. Appellant complained that Kaminski’s letter defamed him by stating (1) that his lawsuit against Smith Corona was frivolous; (2) that appellant had alleged Smith Corona and TDCJ had conspired against him; (3) that, by settling the earlier litigation for $400, appellant had waived any right lawfully to seek money from Smith Corona; and (4) that appellant would attempt extortion again. Kaminski’s allegedly defamatory statements (italicized), in their context, follow:

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