What immediate, principal risk does a party run if, in a deposition, the client is permitted to use materials in the file, such as a privileged statement that you prepared, to refresh the client's recollection?
A) the materials might become discoverable.
B) the materials might become inadmissible.
C) the client's testimony would be impeached.
D) the client might not be permitted to testify.

Question

Quizplus · Accepted Answer

If privileged materials are used to refresh a client's recollection, they may become discoverable by the opposing party, which would waive the privilege. This means that the other side may be allowed access to the previously privileged materials.

What Immediate, Principal Risk Does a Party Run If, in a Deposition