Search Results for: AT-ISSUE WAIVER

offensive use waiver

offensive-use waiver. An exemption from the attorney–client privilege, whereby a litigant is considered to have waived the privilege by seeking affirmative relief, if the claim relies on privileged information that would be outcome-determinative and that the opposing party has no other way to obtain. Cf. AT-ISSUE WAIVER R. [Cases: Witnesses 219(3).]

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at issue waiver

glossary / AT-ISSUE WAIVER

at-issue waiver. An exemption from the attorney–client privilege, whereby a litigant is considered to have waived the privilege by taking a position that cannot be effectively challenged without analyzing privileged information. Cf. OFFENSIVE-USE WAIVER. [Cases: Witnesses 219(3).]

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