State v. Kemper

In State v. Kemper (2004), 158 Ohio App.3d 185, 2004 Ohio 4050, 814 N.E.2d 540, the defendant was convicted of failure to appear for missing a hearing. Id. at P5. At trial, the defendant's prior attorney testified that she had forwarded notice of the hearing date to the defendant. Id. at P16. On appeal, the defendant claimed that the attorney's testimony violated his attorney-client privilege. Id. at P12. In Kemper, the court "concluded that the subject matter of the attorney's testimony-her having provided the defendant with notice of the motion hearing on November 1, 2001-constitutes neither a communication made to her by the defendant nor her advice to the defendant and is therefore outside the scope of the attorney-client privilege." Id. at P16. See, also, Antoine v. Atlas Turner, Inc. (C.A.6, 1995), 66 F.3d 105, 110 (construing Ohio law and stating that "an attorney's message to his client concerning the date and time of court proceedings is not privileged communication.").