Cooke

We have consolidated for hearing and decision the above two cases, since they both involve attacks on an order of respondent court, entered on March 20, 1978, in a dissolution proceeding between Barbara and Jack Cooke.

The record before the trial court, and before us, shows that, after the separation of the parties and after Mr. Cooke had moved to Las Vegas, Nevada, a family servant, H. G., who had been employed by the Cookes, went with Mr. Cooke to Las Vegas in the capacity of houseman, butler and chauffeur. Beginning in April of 1977, H. G. began to eavesdrop on conversations between Mr. Cooke and his attorneys and on dictation by Mr. Cooke to his secretary and otherwise. lit September of 1977, H. G. copied, on a duplicating machine belonging to Mr. Cooke, a document which he mailed to Mrs. Cooke, who, in turn, transmitted it to her attorneys, Arthur Crowley and Douglas Bagby. Other similar copyings and transmittals followed, resulting, in the end, in 10 such transmissions of 10 separate documents.

Contending that the documents involved were (with two exceptions) privileged and confidential, Mr. Cooke sought an order, in effect, prohibiting the use by Mrs. Cooke and…