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Simple English definitions for legal terms

offensive-use waiver

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A quick definition of offensive-use waiver:

An offensive-use waiver is when someone gives up their right to keep their conversations with their lawyer private because they are using that information to try and win a case. This happens when the information is really important to the case and the other side can't get it any other way.

A more thorough explanation:

An offensive-use waiver is a legal term that refers to an exemption from the attorney-client privilege. This means that a litigant (someone involved in a lawsuit) may be considered to have waived their right to keep certain information confidential if they seek affirmative relief (a legal remedy) and their claim relies on privileged information that would be outcome-determinative (meaning it would significantly impact the outcome of the case) and the opposing party has no other way to obtain that information.

For example, let's say that a company is involved in a lawsuit with a former employee who is claiming that they were wrongfully terminated. The company's defense relies on privileged information that was discussed between the company and their legal counsel. If the former employee has no other way to obtain that information and the company seeks affirmative relief (such as asking the court to dismiss the case), they may be considered to have waived their right to keep that information confidential.

Another example could be a criminal case where the defendant's defense relies on privileged information discussed between them and their attorney. If the prosecution has no other way to obtain that information and the defendant seeks affirmative relief (such as asking the court to dismiss the charges), they may be considered to have waived their right to keep that information confidential.

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THATS SO FUNNY
i cant i would go crazy
JumpySubsequentDolphin
20:50
i need to know who decided to do that.
JumpySubsequentDolphin
20:50
omg im on a plane weeeee
the devil
youre on a plane??? LSD made the mile high club??
20:50
yo splitterus are you in school already
20:50
it says ur c/o 2027
JumpySubsequentDolphin
20:51
@SplitterusClitterus: HAHAH yes
ur user is hilarioussss and no i just graduated this may and am now applying ---also im out of messages so ill take a lil
20:52
roger dat. see u in heck
im back, r u applying this cycle too
JumpySubsequentDolphin
21:32
this child fell asleep on me
JumpySubsequentDolphin
21:32
im so uncomfortable
just push him off the entire seat
JumpySubsequentDolphin
21:34
LMAOOOO
JumpySubsequentDolphin
21:35
no he’s literally like 8 and he fully just put his head on my bicep and slept
JumpySubsequentDolphin
21:35
he has since moved
22:12
@SplitterusClitterus: me yesterday
gulc baby pls text me back... i miss you ...... :(
22:23
i just went into a discord vc and yelled "YALL I JUST GOT INTO J.M. SCHOOL OF LAW"
22:24
people were getting excited :sob:
22:25
then someone was like "what does jm stand for" and i was like .. well
AHHAHAHAHAHAHHAHAHAHAHAHAH
@JumpySubsequentDolphin: wait this is so cute, also where r u going
JOE MBIDEN
JumpySubsequentDolphin
22:39
@splitty Oregon!
oh yay for what thats so random
JumpySubsequentDolphin
22:45
haha my brother and sister in law live there
so cutie oregon is beatiful
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