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

Summary

The court exercised original jurisdiction to review an interlocutory discovery order because disclosure of the recording allegedly protected by attorney-client privilege could not be remedied after appeal. It held that a third party's presence ordinarily defeats privilege unless the third party was reasonably necessary to facilitate the consultation, and affirmed the order compelling production because the record supported the finding that Fox had not shown such necessity. The court also upheld the refusal to consider privilege and work-product arguments first raised in a motion for reconsideration. Justice Hood specially concurred to emphasize possible work-product protection, while Justice Samour, joined by Chief Justice Coats and Justice Boatright, would have required an evidentiary hearing to resolve conflicting evidence.