Mistake disclosure not waiver: which statement is true?

• A. The client must always rectify regardless of steps
• B. There is no remedy for mistake
• C. Reasonable steps to protect and rectify the mistake
• D. The privilege is automatically restored after disclosure

Answer: (C)

When privileged information is accidentally disclosed, it doesn’t automatically lose protection. The key idea is that the privilege is preserved if the holder takes reasonable steps to protect and rectify the mistake. Reasonable steps include promptly notifying the receiving party of the mistake, requesting the return or destruction of the disclosed material, and ensuring that it is not used or further disclosed. If those steps are taken, the privilege typically remains intact for the undisclosed communications and related materials. Without taking reasonable steps, or if the information is used, waiver can occur. That’s why the correct statement focuses on taking reasonable steps to protect and rectify the mistake.