Privilege & State of Mind Waiver

In Evidence Law, Privilege, Privileges and Immunities, Teaching Capsules by Peter Sankoff

In this video blog, I explore some common issues that arise when a party tries to rely on legal advice privilege, and the opposing party suggests that privilege was waived when the client’s “state of mind” came in issue.  Several recent cases have done a good job of clearing up this doctrine, and I look at it in detail.