Legal Alert - Nevada Supreme Court Reaffirms and Clarifies Sands Corp. Decision on Waiving Attorney-Client Privilege and the Work-Product Doctrine When Reviewing Documents to Refresh Recollection
By Bob L. Olson and Charles E. Gianelloni
Recently, we released a legal alert discussing the Nevada Supreme Court’s decision in Las Vegas Sands Corp. v. Eighth Jud. Dist. Ct., 130 Nev. Adv. Op. 13 (February 27, 2014), which addressed the intersection of NRS 50.125 and Nevada privilege law. In Sands, the Court held that reviewing a document for the purpose of refreshing one’s memory prior to or during testimony serves as a waiver to the attorney-client privilege and the work-product doctrine under 50.125, allowing the adverse party to demand production of the document, inspect it, cross-examine the witness on the contents and admit the document into evidence for the purpose of impeachment. However, the Court left open the important question of whether its ruling applied only to in-court hearings or whether the ruling extended to depositions.