In McAfee V

In McAfee v. State, the defendant was accused of murdering his wife and then speaking on the phone with a man who was an attorney for the defendant with respect to civil matters. The attorney was concerned that the defendant might take his own life and counseled him in ways that would likely prevent suicide. The attorney admitted that he never represented the defendant in any criminal matter. The trial court ruled that there was no attorney-client privilege concerning the discussions that the attorney had with the defendant during the course of the evening that he was arrested for murder of his wife. Why did the reviewing court think that the trial court ruled properly in rejecting the existence of an attorney-client privilege?