LAWRENCE D. CANARELLI; HEIDI CANARELLI; AND FRANK MARTIN, SPECIAL ADMINISTRATOR FOR THE ESTATE OF EDWARD C. LUBBERS, FORMER TRUSTEES, Petitioners, vs. THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF CLARK; AND THE HONORABLE GLORIA STURMAN, DISTRICT JUDGE, Respondents, and SCOTT CANARELLI, BENEFICIARY OF THE SCOTT LYLE GRAVES CANARELLI IRREVOCABLE TRUST DATED FEBRUARY 24, 1998, Real Party in Interest., 136 Nev. 247

Summary

HOLDINGS: [1]-Because petitioners showed that the independent trustee communicated the content of the Group 1 documents to counsel, those documents were protected by the attorney-client privilege and were therefore undiscoverable; the common-interest exception to the attorney-client privilege did not apply; [2]-Because the independent trustee took the notes contained in the Group 2 documents in anticipation of litigation and the substantial-need exception to the work-product doctrine was inapplicable, the Group 2 documents were protected by the work-product doctrine and were therefore undiscoverable; [3]-Court declined to recognize the fiduciary exception in Nevada because the legislature created five specific exceptions to the attorney-client privilege under Nev. Rev. Stat. § 49.115, none of which were the fiduciary exception.