Sweeney v. Dayton
Montana Supreme Court
416 P.3d 187 (2018)
Attorney Shannon Sweeney’s (plaintiff’s) client, James McClanahan, jumped bail by failing to show up for his final pretrial conference. Another attorney represented McClanahan on the bail-jumping charge and moved to dismiss on the basis that McClanahan had no notice of the pretrial conference, a necessary element of the charge. The trial court denied the motion, reasoning that the prosecution should be allowed to introduce evidence about whether Sweeny told McClanahan he need to appear for the pretrial conference, and the prosecution subpoenaed her. Sweeney responded that she would assert attorney-client privilege in response to any questions about her communications with McClanahan or the preparation of his defense, moved to quash the subpoena, and filed a writ asking for protection from having to testify. The state supreme court granted the writ to decide the question.
Rule of Law
Holding and Reasoning (McGrath, C. J.)
Dissent (McKinnon, J.)
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