Barton

Barton v. United States District Court for the Central District of California

Good Law
410 F.3d 1104
United States Court of Appeals for the Ninth CircuitJune 9, 2005No. 05-71086California3,347 words

Opinion

Lead Opinion

Kleinfeld, J.

We grant a writ of mandamus to prevent disclosure of communications by prospective clients to their lawyers.

Facts.

Plaintiffs sued SmithKline Beecham Corporation, which does business as GlaxoSmithKline. They claim injury from Paxil, a medication manufactured by Smith-Kline. Plaintiffs did not initiate contact with their lawyers by walking into the law office. Instead, the law firm posted a questionnaire on the internet, seeking information about potential class members for a class action the law firm contemplated. 1 The district court ordered plaintiffs to produce the four'plaintiffs’ answers to the questionnaire. 2 Plaintiffs seek, and we grant, a writ of mandamus vacating the district court’s order compelling production.

The law firm that now represents the plaintiffs posted a questionnaire relating to the antidepressant Paxil on the internet. Although the firm in its briefs calls the *1107 questionnaire an “intake” questionnaire,- it did not call it that on the net. The law firm’s presentation on the web does not say that those who answer the questionnaire are submitting themselves to the firm as potential clients.

The questionnaire is entitled “PAXIL WITHDRAWAL…

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