Lund v. Myers
In Lund v. Myers, 232 Ariz. 309, 313,20, 305 P.3d 374 (2013), the Arizona Supreme Court held that a party erroneously receiving documents for which a later privilege claim is made may present the information to the court under seal to resolve the privilege dispute. 232 Ariz. at 311-12,13 (citing Ariz. R. Civ. P. 26.1(f)(2)). Once filed, the court should then "determine, as to each document, whether in camera review is necessary to resolve the privilege claim.
Such review may be required if the receiving party makes a factual showing to support a reasonable, good faith belief that the document is not privileged." Id. at 312,15.
Therefore, on remand, the trial court was to allow B&C to respond to the privilege log and "consider the parties' arguments regarding privilege and waiver to determine whether in camera review was warranted for particular documents." Id. at 312, 313,18, 21.
The supreme court declined to comment upon "whether, by seeking disqualification, Bradford waived the attorney-client privilege." Id. at 313,20.