The Arizona Court docket of Appeals has dominated {that a} decrease courtroom shouldn’t have carried out an “in digicam” evaluate to resolve a declare of implied waiver of attorney-client privilege.
Nevertheless, the appeals courtroom additionally discovered that the declare at difficulty didn’t impliedly waive that privilege. A father suing his former counsel for alleged authorized malpractice in a parental rights lawsuit as an alternative improperly used his privilege “as a protect” to dam inquiry into a problem he raised, Decide Michael S. Catlett discovered.