Burke v. Lakin Law Firm, P.C.

Burke v. Lakin Law Firm, P.C.

Opinion

MEMORANDUM AND ORDER

REAGAN, District Judge:

A. Introduction and Factual/Procedural Background

On January 29, 2007, Plaintiff Burke filed this action against Bradley Lakin and the Lakin Law Firm (LLF). The most recently amended complaint (Doc. 96) includes five counts: breach of contract, violation of the Illinois Wage Payment and Collection Act, quantum meruit, fraud, and tortious interference with a contract and/or business expectancy.

On May 18, 2007, Burke provided Defendants with his First  [*2] Request for Production of Documents. Request 16 sought:

Any and all documents related or referring to any retention by the Lakin Law Firm, Bradley Lakin, or L. Thomas Lakin of any public relations firm, polling firm, media consultant, jury consultants, or any company, person, or entity engaged in the business of providing public opinion research, media research, public relations, press releases, media monitoring, or jury consulting, for the purpose of assessing, determining or managing any adverse publicity regarding the Lakin Law Firm, or any criminal investigations or criminal indictments, or any of its past or present members or employees, together with any reports, research, or correspondence provided by them from January 2005 to the present.

Doc. 89-2. On July 3, 2007, Defendants objected to this request on the grounds that it is overly broad in scope and time, is not reasonably calculated to lead to the discovery of admissible evidence, and seeks confidential commercial information (Doc. 89-4). After Defendants did not produce the requested documents, Burke served an Amended Notice of Rule 30(b)(6) deposition, which included the same request in Schedule A (Doc. 89-3, Request 16).  [*3] Defendants moved to quash the Notice and again refused to produce the documents (Doc. 89-5).

Magistrate Judge Philip M. Frazier held a discovery dispute conference on October 26, 2007, at which Defendants objected to production of various documents responsive to Request 16 on the grounds that they are protected by the attorney-client and/or work product privileges. Defendants submitted these documents for in camera review (See Doc. 99, pp. 62-66). All of the documents relate emails and attachments sent between LLF and its public relations firm, Public Strategies, Inc. (PSI). LLF and Lakin's attorney in other civil matters, William Lucco, recommended that Defendants hire PSI in order to help LLF deflect negative publicity and other fallout from Thomas Lakin's legal troubles. ¹

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