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WA Case Blurb: Sitterson; Test for determining Waiver of Privilege by Inadvertent Disclosure

Posted by rjbiii on December 31, 2008

In adopting the Alldread approach, states the test has the following factors:

These factors are (1) the reasonableness of precautions taken to prevent disclosure, (2) the amount of time taken to remedy the error, (3) the scope of discovery, (4) the extent of the disclosure, and (5) the overriding issue of fairness.

Sitterson v. Evergreen Sch. Dist. No. 114, 2008 Wash. App. LEXIS 2751 at *17 (Wash. Ct. App. Nov. 25, 2008 )

Posted in Attorney Client Privilege, Case Blurbs-WA, State Courts, WA Judge David H. Armstrong, Waiver of Privilege, Washington | Leave a Comment »