Tobaccoville USA, Inc., Respondent, v. Henry D. McMaster, in his Official Capacity as Attorney General of the State of South Carolina, Appellant., 387 S.C. 287

Summary

In 1998, South Carolina and other states entered into a Master Settlement Agreement (MSA) with certain tobacco companies to settle litigation brought by the states to recover tobacco-related health care expenses. The State asserted the attorney-client privilege with regard to documents between the State Attorney General (AG) and the National Association of Attorneys General (NAAG). The manufacturer argued that because NAAG had not been retained by the AG, there was no attorney-client relationship. The court disagreed. While the relationship was not a traditional attorney-client relationship, the communications could be covered by the attorney-client privilege. The AG was a paid member of NAAG, and NAAG staff attorneys provided legal advice relating to the MSA and tobacco regulation and enforcement. The court held that the work product doctrine was not implicated because the documents were not created because of the prospect of litigation, but as an effort to enforce a settlement from ...