Legal Definitions - strict test

Definition: The strict test is a principle that states that if a privileged document is disclosed, even if it was unintentional, it results in a waiver of the attorney-client privilege regarding the document. This is unless all possible precautions were taken to protect the document from disclosure.

Example: If a lawyer accidentally sends an email containing privileged information to the wrong person, the strict test would apply. This means that the attorney-client privilege would be waived unless the lawyer took all possible precautions to prevent the email from being sent to the wrong person.

Explanation: The strict test is a way to ensure that privileged information remains confidential. It places the burden on the lawyer to take all possible precautions to protect the information. If the lawyer fails to do so, the privilege is waived. This principle helps to maintain the integrity of the attorney-client relationship and encourages lawyers to be more careful with privileged information.