Kelsey DeLozier

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Case Synopsis

This is an appeal from the district court’s order determining that certain documents, in whole and part, concerning a trust were not subject to attorney-client privilege under fiduciary and common-interest exceptions, nor were they subject to the work-product doctrine under the substantial-need exception. Plaintiffs sought a writ of prohibition to prevent the court from compelling the production of the disputed documents as well as a writ of mandamus to find the documents as undiscoverable and order their return or destruction. The Nevada Supreme Court reversed on all counts and established that no fiduciary exception that exists to attorney-client privilege in the state of Nevada; under Nevada law, only 5 exceptions exist to attorney-client privilege under NRS 49.115 and the Court declined to judicially create a sixth.