Wender v. United Services Automobile Ass'n

NEWMAN, Chief Judge:

Plaintiff/appellant Harry Wender (Wen-der), administrator C.T.A. of the estate of Chingore Sebastian Moio, contends that the trial court erroneously permitted defendant/appellee United Services Automobile Association, which had previously asserted the attorney-client privilege with respect to certain documents, to waive the privilege immediately prior to commencement of the trial. We address herein the question of whether the assertion of reliance upon the advice of counsel as a material element of the defense constitutes waiver of the attorney-client privilege with…