In Re: Kayla Fox, Plaintiff v. William Alfini, Jr., D.c.; and Brady Chiropractic Group, P.c., Defendants

Summary

The court discharged the rule to show cause, holding that Fox’s parents’ presence during her recorded attorney-client consultation ordinarily destroyed privilege because Fox did not establish that their presence was reasonably necessary to facilitate communication. The court also upheld the district court’s refusal to consider privilege, agency, common-interest, and work-product arguments raised for the first time in a motion for reconsideration. Justice Hood specially concurred to emphasize potential work-product protection, while Justice Samour, joined by the chief justice and another justice, would have required an evidentiary hearing to resolve conflicting evidence about Fox’s capacity.