hydraflow test
Hydraflow test. A principle for deciding when an inadvertent disclosure of a privileged document is a waiver of the attorney–client privilege, whereby the court considers the reasonableness of the precautions taken to prevent the inadvertent disclosure, the number of disclosures involved, the extent of the disclosure, the promptness of any efforts to remedy the disclosure, and whether justice would be best served by permitting the disclosing party to retrieve the document. Hydraflow, Inc. v. Enidine Inc., 145 F.R.D. 626 (W.D.N.Y. 1993). — Also termed middle-of-the-road test. Cf. LENIENT TEST; STRICT TEST. [Cases: Witnesses 219(3).]
