State Ex Rel. Stivrins v. Flowers

I. NATURE OF CASE

During the course of a discovery deposition, the plaintiff sought to question a witness about a conversation with his attorney. Counsel for the witness objected, and the plaintiff filed a motion to compel the witness to answer the deposition questions. The district court ordered disclosure of the conversation. The witness and the defendant filed in this court an original action seeking a writ of mandamus directing the district court to vacate its order compelling disclosure.

II. SCOPE OF REVIEW

When reviewing the applicability of the attorney-client privilege, an appellate…