OFFENSIVE-USE WAIVER

OFFENSIVE-USE WAIVER

offensive-use waiver. An exemption from the attorney¨Cclient 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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