• The Implied Waiver Of The Attorney-Client Privilege Under State Farm v. Lee: A Refresher Course
  • December 26, 2014 | Author: William G. Caravetta
  • Law Firm: Jones, Skelton & Hochuli, P.L.C. - Phoenix Office
  • Whether a party has impliedly waived the attorney-client privilege poses a mixed question of law and fact. Twin City Fire Insurance Co. v. Burke, 204 Ariz. 251, 254, 63 P.3d 282, 285 (2003). In State Farm v. Lee, the Arizona Supreme Court adopted the following criteria, referred to as the Hern test, in determining whether the attorney-client privilege had been waived when a litigant’s mental state was at issue: