Munger Tolles & Olson, the law firm co-founded by the late Charlie Munger, is engaged in a legal battle to protect client communications regarding its investigation into past sexual abuse at The Thacher School in Ojai, California. The firm argues that disclosing this information could deter other organizations from seeking similar probes in the future. In 2021, Munger Tolles publicly verified past sexual abuse at Thacher, leading a former student to sue the school, alleging abuse by former headmaster Willard Wyman and an unidentified nurse.
A California state judge has ruled that Thacher must disclose records tied to allegations spanning 25 years, a decision that includes what the firm claims are private communications and summaries of witness interviews. Munger Tolles asserts in court that this order risks exposing the inner workings of private investigations that are usually protected by attorney-client privilege.
The case draws attention to the potential risks for major corporate law firms conducting high-profile investigations for their clients. According to Munger Tolles, such disclosures could have a “chilling effect” on organizations’ willingness to engage in similar inquiries. The firm has taken its fight up to the California Supreme Court, citing attorney-client privilege, which, it argues, was not adequately considered by both the superior and appellate courts in their orders mandating disclosure.
The former Thacher student who filed the lawsuit did so under a California law that temporarily lifted the statute of limitations for adults alleging child sex abuse. Jane Doe, as the plaintiff is identified, is represented by Christina Cheung from a firm founded by prominent plaintiffs’ lawyer Gloria Allred. Jane Doe’s attorneys argue that Munger Tolles’ privilege claims are invalid because the firm and the school were never in an attorney-client relationship. They also assert that the public release of two summaries from Munger Tolles’ investigation waived any claims of work product and privilege.
In addition to the civil lawsuit, Thacher faced scrutiny from local law enforcement, but the Ventura County District Attorney’s Office and the sheriff announced they ended their investigation without criminal charges, partly citing the statute of limitations and the difficulties imposed by the public report from Munger Tolles. For further details, you can read the full article on Bloomberg Law.