Molly R. Nylen and Brendon W. Nylen v. Mary Ellen Nylen

Summary

The South Dakota Supreme Court reviewed whether communications between Mary Ellen Nylen and her attorney friend were protected by the attorney-client privilege. The court held that Mary Ellen could no longer reasonably believe she was the attorney’s client after January 1, 2014, and that she waived privilege as to privileged documents shared with the attorney friend. The court affirmed the circuit court’s discovery rulings.

Holdings

1. Mary Ellen failed to prove that she was Schrunk's client after January 1, 2014, because she understood that Schrunk could not represent her and could no longer reasonably believe that she was consulting Schrunk with a view to obtaining professional legal services.
2. Mary Ellen waived attorney-client privilege over otherwise privileged documents when she voluntarily shared them with Schrunk, who was not her attorney or client representative.

Questions Presented

1. Whether Mary Ellen remained Schrunk's client, and therefore could assert attorney-client privilege, after January 1, 2014.
2. Whether Mary Ellen waived attorney-client privilege over documents shared with Schrunk.

Disposition

affirmed