Nylen v. NylenAnnotate this Case
Attorney Irene Schrunk represented Mary Ellen Nylen in a divorce and was involved subsequent legal matters regarding Mary Ellen and her new husband, Mark Nylen. When Mark served Mary Ellen with a summons and complaint for divorce, Schrunk advised Mary Ellen that Schrunk could not represent her because Schrunk had represented Mark in the past. On July 31, 2014, Mary Ellen’s adult children, Molly and Brendon, commenced this action against Mary Ellen seeking a declaration that Mary Ellen had gifted them personal property. Molly and Brendon sought to depose Schrunk regarding communications she had with Mary Ellen between November 1, 2013, and December 31, 2014. Mary Ellen moved to prohibit the discovery, citing the attorney-client privilege protected the communications. The circuit court determined that the initial communications were privileged but did not extend the privilege to communications and documents shared with Schrunk after January 1, 2014. The Supreme Court affirmed, holding that Mary Ellen failed to meet her burden of proving entitlement to the attorney-client privilege after January 1, 2014, and Mary Ellen waived the privilege with respect to certain documents when she shared with Schrunk privileged communications between Mary Ellen and her current attorneys.