Seibel v. Eighth Judicial District Court

The Supreme Court denied a petition for extraordinary relief to address a matter of first impression before the Court regarding the procedures and burden of proof required to establish the crime-fraud exception to the attorney-client privilege, holding that Petitioner failed to demonstrate that extraordinary relief was warranted in the form of a petition for a writ of prohibition.

At issue before the Supreme Court was the procedures and burden of proof required to establish the crime-fraud exception to the attorney-client privilege. Petitioner petitioned the Court for a writ of prohibition or mandamus prohibiting the district court from compelling disclosure of documents from Petitioner's attorney-client privilege log under Nevada's crime-fraud exception and ordering the district court to find the documents undiscoverable. The Supreme Court denied the writ, holding that the district court properly granted disclosure of the privileged documents after conducting an in camera review under Nevada's crime-fraud exception to the attorney-client privilege.