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LUND v. MYERS

No. CV-12-0349-PR.

305 P.3d 374 (2013)

Bradford D. LUND, an individual; William S. Lund, and Sherry L. Lund, husband and wife, Petitioners, v. The Honorable Robert D. MYERS, Judge of the Superior Court of the State of Arizona, in and for the County of Maricopa, Respondent Judge, Michelle A. Lund, Diane Disney Miller, Kristen Lund Olson, and Karen Lund Page, Real Parties in Interest, Jennings, Strouss & Salmon, P.L.C., Intervenor.

Supreme Court of Arizona, En Banc.

July 16, 2013.

Attorney(s) appearing for the Case

Jones, Skelton & Hochuli, P.L.C., by A. Melvin McDonald, Phoenix, and Shumway Law Offices, P.L.C., by Jeff A. Shumway, Scottsdale, Attorneys for Bradford D. Lund.

Meyer Hendricks, PLLC by Ed F. Hendricks, Jr., Brendan A. Murphy, W. Douglas Lowden, Phoenix, Attorneys for William S. Lund and Sherry L. Lund.

Burch & Cracchiolo, P.A., by Daryl Manhart, Bryan F. Murphy, Jessica Conaway, Phoenix, Attorneys for Michelle A. Lund, Diane Disney Miller, Kristen Lund Olson, and Karen Lund Page.

Jennings, Strouss & Salmon, P.L.C., by John J. Egbert, J. Scott Rhodes, Phoenix, Attorneys for Jennings, Strouss & Salmon, P.L.C.

OPINION

BRUTINEL, Justice.

¶ 1 We address when a trial court, in deciding issues of privilege and waiver, may review in camera allegedly privileged documents that were inadvertently disclosed.1 We hold that before reviewing a particular document, a trial court must first determine that in camera review is necessary to resolve the privilege claim.

I.

¶ 2 This litigation began in 2009, when relatives...

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