Hydraflow Test Law and Legal Definition

Hydraflow test is a legal principle for deciding when an inadvertent disclosure of a privileged document can be treated as a waiver of the attorney-client privilege. The court considers the reasonableness of the precautions taken to prevent the inadvertent disclosure. Hydraflow test is also known by middle of the road test or strict test.

In Gray v. Bicknell, 86 F.3d 1472, 1483-1484 (8th Cir. Mo. 1996), the court under Hydraflow test undertakes a five-step analysis of the unintentionally disclosed document to determine the proper range of privilege to extend. These considerations are :

1. The reasonableness of the precautions taken to prevent inadvertent disclosure in view of the extent of document production;

2. The number of inadvertent disclosures ;

3.The extent of the disclosures ;

4.The promptness of measures taken to rectify the disclosure, and

5. The overriding interest of justice which serves to relieve the party of its error.