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Sweeney v. Dayton

Montana Supreme Court

416 P.3d 1987 (2018)

Relevant factsFree

Attorney Shannon Sweeney's (plaintiff's) client, James McClanahan, failed to appear for his final pretrial conference and was later charged with bail-jumping; his new attorney moved to dismiss that charge on the ground McClanahan lacked notice of the conference, a necessary element of the offense. The trial court denied the motion, reasoning the prosecution should be able to introduce evidence about whether Sweeney told McClanahan about the pretrial conference, and subpoenaed her; Sweeney asserted attorney-client privilege as to any communications with McClanahan or preparation of his defense, moved to quash the subpoena, and sought a writ of protection from testifying, which the state supreme court granted review of to resolve.

IssueFree

Whether the attorney-client privilege protects an attorney from having to testify about confidential communications or legal advice given in the course of representing a client.

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