Rosso, Johnson, Rossso & Ebersold v. Superior Court

Petitioners, an attorney and the law firm of which he is a member, seek a writ of mandate or prohibition to restrain respondent court from requiring disclosure of the names of persons who responded to an advertisement of petitioners. We agree that the names of these persons are protected by the attorney-client privilege.

Petitioners placed a newspaper advertisement directed toward women who might have suffered problems arising from the use of the Daikon Shield intrauterine device. The advertisement invited such women to contact the firm at a toll-free number. Patti Fitzpatrick-Potter (hereinafter plaintiff) saw the advertisement in late December 1982 and on January 3,1983, called petitioners. Petitioners sent her a packet of materials including a questionnaire and retainer agreement which plaintiff did not return until December 8, 1983. Petitioners reviewed the questionnaire and decided not to undertake plaintiff’s case. On January 25, 1984, they sent plaintiff a letter advising her to contact another attorney if she wished to pursue her case and to do so “ ‘at the earliest opportunity because there are certain time limitations imposed by law that may prevent you from…