1.6:700 PROCEDURAL ISSUES RELATED TO INVOKING THE PRIVILEGE

• Jurisdiction: Arizona

1.6:700 Procedural Issues Related to Invoking the Privilege

A privilege must be claimed by the holder of the privilege or be waived. See Tripp, 69 Ariz. at 35, 208 P.2d at 314 (holding that privilege waived by client voluntarily disclosing privileged communications in his testimony). The client is the holder of the attorney-client privilege, but his or her attorney may assert the privilege on a client's behalf. See Macumber, 112 Ariz. at 571, 544 P.2d at 1086 ("The privilege is that of the client and only he or someone authorized by law to do so on his behalf may claim it."); see also supra Section 1.6:420 (discussing others who may assert the privilege on the client's behalf).

Once the privilege is asserted, a court resolves its applicability as a matter of law. Sucharew, 205 Ariz. at 21, 66 P.3d at 64 (noting that whether to sustain the attorney-client...