Unintentional Waiver of Privilege
Good-faith consultations with attorneys by clients who are uncertain about the legal implications of a proposed course of action are entitled to the protection of the privilege, even if that action should later be held improper. Although the defendant’s refusal to follow its attorneys’ advice might be relevant for purposes of establishing its state of mind in handling the plaintiffs’ claim, we have concluded that the relevance of privileged communications, in and of itself, does not justify abrogating the attorney-client privilege.
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