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· 8/17/1994

Federal Case

Citations

  • 32 F.3d 851
  • 30 Fed. R. Serv. 3d 513
  • 41 Fed. R. Serv. 176
  • 1994 U.S. App. LEXIS 21936

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that a party waives privilege only “by asserting claims or defenses that put his or her attorney’s advice in issue in the litigation”
  • finding that a party can waive the attorney-client privilege by asserting defenses that put the attorney’s advice in issue in the litigation
  • “A defendant may . . . waive [attorney-client] privilege by asserting reliance on the advice of counsel as an affirmative defense.”
  • \A defendant may . . . waive the privilege by asserting reliance on the advice of counsel as an affirmative defense.\
  • “[A] party can waive the attorney client privilege by asserting claims that put his or her attorneys’ advice in issue in the litigation.”
  • “The advice of counsel is placed in issue where the client asserts a claim or defense, and attempts to prove that claim or defense by disclosing or describing an attorney client communication.”

Source: CourtListener parenthetical corpus (CC0).

Read full opinion on CourtListener

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.