Scope of Waiver of Attorney-Client Privilege: Articulating a Standard That Will Afford Guidance to Courts
Jennifer A. Hardgrove | 1998 U. Ill. L. Rev.
The attorney-client privilege is an important feature in litigation because it prevents courts from compelling an attorney or client to reveal confidential communications involving legal advice. However, the privilege is not absolute; it can be waived. Determining the scope of a waiver can be difficult given the courts' varied interpretations of when there is a waiver. These inconsistencies, argues the author, serve as compelling justification for the Supreme Court to assure litigants predictability and consistency by adopting a uniform standard for determining the scope of the attorney-client privilege waiver. Specifically, the author proposes a three-part test to guide the Supreme Court. Adopting such a test, the author argues, would benefit the courts and litigants and improve the efficiency of the litigation process.