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Court gives guidance on inadvertent waivers (access required)

Privilege at risk in certain situations

In Walton v. Mid-Atlantic Spine Specialists, P.C. (VLW 010-6-064), the Supreme Court of Virginia considered “whether the defendant doctor waived the attorney-client privilege for a letter he wrote to his attorney regarding potential negligence in his examination of key x-rays when that letter was produced to the plaintiff during discovery.” Adopting a five-part balancing ...