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IBP, Inc. v. Klumpe

Except as to communications in connection with the litigation process, an attorney representing a client in connection with litigation has no duty to a client or a categorical privilege to violate a provision of the penal code or conspire to have another do so.

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The Motion for Rehearing of appellees Klumpe and Blackburn is denied. Our opinion dated September 11, 2001, is withdrawn and the following opinion is issued in its place.

Appellant IBP, Inc., appeals from an adverse summary judgment in its suit based upon actions of appellee Steven M. Klumpe in obtaining and furnishing documents containing alleged trade secrets to Klumpe’s attorney, appellee Jeff Blackburn, who then provided them in discovery to attorneys who represented Klumpe’s stepson in a personal injury suit against IBP. IBP urges, as to the summary judgment in favor of Klumpe and Blackburn that the combined affirmative-evidence and no-evidence motions for summary judgment were erroneously granted because Klumpe and Blackburn did not seek summary judgment on all of the causes of action alleged by IBP, and because, as to the grounds Klumpe and Blackburn presented in seeking summary judgment, (1) IBP presented evidence creating genuine material fact issues on each element of its claims challenged by the no-evidence parts of the motions, including damages, (2) affidavits supporting the affirmative-evidence parts of Klumpe and Blackburn’s motions were defective, and (3) the actions of Klumpe and Blackburn were not privileged.

We affirm in part and reverse and remand in part.

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