Reference no: EM133255766

In responding to discovery, the defendant accidentally produced every single email between she and the attorney discussing the litigation and legal advise. The defendant requested that the plaintiff disregard and destroy all of the inadvertent disclosure. The plaintiff said too bad and will use it at trial because defendant waived the privilege. The plaintiff says there is the negligent privilege production waiver doctrine. Is the plaintiff correct? If no, why? If you think she is correct, why? What should the plaintiff do? Does your answer change if the defendant learns that they turned over the docs but never said anything to get them back from the plaintiff?