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Keeping Current—Probate

Keeping Current—Probate offers a look at selected recent cases, literature, and legislation. The editors of Probate & Property welcome suggestions and contributions from readers.

CASES

ATTORNEY-CLIENT PRIVILEGE: Attorney-client privilege has no fiduciary exception. Nevada codifies by statute the attorney-client privilege for communications between the client and the client’s lawyer made for the purpose of “facilitating” the providing of legal services to the client. Nev. Rev. Stat. § 49.095. In Canarelli v. Eighth Judicial Dist. Ct., 464 P.3d 114 (Nev. 2020), the Nevada Supreme Court held that a client’s notes from conversations with the client’s lawyer need not be delivered to the lawyer to qualify as privileged. The court could not create an exception to the privilege for beneficiaries who seek access to a trustee’s communications with the trustee’s lawyer on matters of trust administration because the statutory exceptions could not be expanded upon, relying on the maxim of expressio unius est exclusio alterius—the explicit mention of one thing is the exclusion of the other.

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