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Simple English definitions for legal terms
lenient test
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A quick definition of lenient test:
Lenient Test: The rule that says a secret between a lawyer and their client will only be revealed if the client meant to tell someone else. If the secret is accidentally revealed, it will still be kept a secret. This is different from the strict test, which says that any accidental reveal will make the secret public.
A more thorough explanation:
Definition: The lenient test is a principle that states that the attorney-client privilege, which protects the confidentiality of communications between a lawyer and their client, will only be waived if the disclosure is made knowingly or intentionally. Inadvertent disclosures will not usually result in a waiver of the privilege. This is in contrast to the strict test and the Hydraflow test.
Example: If a lawyer accidentally sends an email containing confidential information to the wrong person, the lenient test would likely apply. The attorney-client privilege would not be waived because the disclosure was not intentional.
Explanation: The example illustrates the lenient test because it shows that an inadvertent disclosure, such as sending an email to the wrong person, would not result in a waiver of the attorney-client privilege. The lenient test is more forgiving than the strict test, which would result in a waiver of the privilege even if the disclosure was accidental.