MSBA an amicus in lawyer’s office search case

The Court recently accepted the MSBA’s request to appear as amicus in K.M. vs. Burnsville Police Department (A19-0414) without supporting either party. The case involves the issuance and execution of a search warrant for an attorney’s office and the seizure of all client files. As noted in the MSBA’s request to appear, the case presents important questions, including: 

  • Did the search comply with the Supreme Court of Minnesota’s holding in O’Connor v. Johnson, 287 N.W.2d 400 (Minn. 1979)?
  • Were the search and seizure reasonable in light of client confidentiality concerns, the attorney-client privilege, the attorney-work-product doctrine, and protections under the state and federal constitutions?
  • What safeguards should be in place in circumstances like these to protect the rights and confidentiality of attorneys’ clients? 

Because these issues potentially affect all Minnesota clients and attorneys, the attorney-client relationship, attorney-client privilege, and the attorney-work-product doctrine, the MSBA is involved. Thank you to Robin Wolpert of Sapientia Law Group and Charles Webber of Faegre Baker Daniels for representing the MSBA in this matter.