On the first day of the U.S. Supreme Court’s 2009 term, Alston & Bird partner Randall Allen argued before the Court in the case of Mohawk Industries Inc. v. Carpenter. The appeal involves important issues relating to the protection of the attorney-client privilege; more specifically, the case brings into question whether a party will have an immediate right of appeal when confronted with a district court order requiring disclosure of attorney-client privileged communications. Representing Mohawk Industries, Inc., Allen argued that appeals should be permitted for questions relating to attorney-client privilege, the importance of which has been recognized by the Supreme Court for over a century. During argument, Chief Justice John Roberts noted that the attorney-client privilege has been determined by the Court "to be central to maintaining the rule of law.” As Allen argued to the Court, if a party is required to disclose the information and wait to appeal until the conclusion of the case, the “cat is out of the bag,” undermining the important public policy interest promoted by the privilege.
Allen went on to further contend that “the seal of secrecy upon communications between client and attorney is founded upon the necessity, in the interest of justice, that the aid and advice of [attorneys] be free from the consequences or apprehension of disclosure.”
Alston & Bird partners Dan Diffley, Jim Grant and associates Michael D'Antignac and Sam Rutherford also represented Mohawk on the briefing in this case. A decision is expected later this term.