Legal Definitions - lenient test

Definition: The lenient test is a principle that states that the attorney-client privilege, which protects the confidentiality of communications between a lawyer and their client, will only be waived if the disclosure is made knowingly or intentionally. Inadvertent disclosures will not usually result in a waiver of the privilege. This is in contrast to the strict test and the Hydraflow test.

Example: If a lawyer accidentally sends an email containing confidentialinformation to the wrong person, the lenient test would likely apply. The attorney-client privilege would not be waived because the disclosure was not intentional.

Explanation: The example illustrates the lenient test because it shows that an inadvertent disclosure, such as sending an email to the wrong person, would not result in a waiver of the attorney-client privilege. The lenient test is more forgiving than the strict test, which would result in a waiver of the privilege even if the disclosure was accidental.