Does your attorney have all your emails?
Judge Orlando Garcia has ordered Texas Attorney General Greg Abbott to turnover documents, including electronically stored information, of 23 legislators relating to Texas’ 2011 and 2013 redistricting plans.
Abbott had sought to avoid turnover of the documents, arguing that the State of Texas did not have legal “possession, custody, or control” of the documents and that any discovery of the documents would have to be obtained by subpoena served on each legislator separately.
Judge Garcia disagreed, explaining:
[T]he Attorney General’s office has claimed an attorney-client privilege with respect to 23 individual legislators in this case. In general, an attorney is presumed to have control over documents in its client’s possession … [I]t is inconsistent for the State to argue that on the one hand the Attorney General represents these individuals, but that for discovery purposes the United States must resort to Federal Rule of Civil Procedure 45.