The state high court today ruled that when a shrink counsels a couple, you can’t solicit their testimony during the discovery phase of your divorce only to reinstate attorney/client privilege in the courtroom. Spokane couple Pardner Wynn and his wife went to Jolene Earin when their marriage hit the rocks. Wynn thought Earin was unfairly biased toward his wife. The couple eventually divorced and his now-ex-wife continued therapy sessions with Earin. During the proceedings, Earin was interviewed by a child advocate about custody and weighed in on where she thought the child should go. Hoping to diminish Earin’s credibility in the custody process, Wynn had her deposed, and in so doing, waived his right to doctor/patient privilege. But then Earin actually testified in court and his ex-wife got custody. Wynn sued Earin saying she violated his confidentiality by testifying in court. All nine state Supreme Court justices agreed that in soliciting the testimony of his therapist during discovery (the months of evidence-gathering that proceeds a trial), he waived his right to expect confidentiality from her at any other point in the trial.