| iThis application arises from a suit filed by Cleco against Samuel Sansing, a former
After a hearing, the district court denied the protective order and ordered that the document be produced. Cleco now seeks review of that ruling.
In order to vitiate the attorney-client privilege, the court must make a finding that the attorney-client relationship was intended to further continuing or future criminal or fraudulent activity.
State v. Taylor,
In the instant case, it is unclear from the facts presented whether the district court made any specific findings in this regard. Without these findings, we cannot determine whether the district court erred in denying protective relief for the document in question.
^Accordingly, the judgment of the district court is vacated. The ease is remanded to the district court, which is instructed to render a new ruling on Cleco’s motion for protective order, including specific findings on the applicability of the crime-fraud exception, after appropriate briefing from the parties and, if necessary, an additional in camera review of the privileged documents.
