Is &quot;attorney-client&quot; privileged waived upon disclosure of documentation?
<p>A document is labeled "attorney-client privilege confidential".  </p>

<p>If said document is disclosed by the records custodian providing a box of records to the plaintiff, is the document "fair game" for the plaintiff to cite in any future context (including litigation)? Are there any exceptions when it would not be "fair game" ?</p>

<p>Does saying "Ooops! I did not mean to disclose this" restore AC-Privilege?  </p>

<p>Update: Assume the document is photocopied from a set of boxed corporate records and that a documented records request was issued.</p>

<p>Depends on the jurisdiction and context. There are many places where inadvertent disclosure and reasonable efforts to recover the information may allow the disclosing party to retain privilege. There are others where privilege would generally be waived. </p>

<p>Also unclear is what you mean by "fair game." You probably have no duty to return the document, and you're probably free to disclose its contents as you see fit. The only limitations I can imagine would be on your ability to use it in court. </p>

attorney-client-privilege