privilege would have denied the opposing party access to
information vital to his defense.
Pitney-Bowes, Inc. v. Mestre, 86 F.R.D. 444, 447 (S.D. Fla. 1980) (quoting Hearn v. Rhay ... privilege should not apply.
Heart, 68 F.R.D. at 582 (emphasis added); see also Pitney-Bowes, 86 F.R.D. at 447-48
(applying the Hearn test to hold that, by engaging ... attorney-client
privilege. The first prong in the tri-part test is satisfied. See Pitney-Bowes, 86 F.R.D. at 447.
Second, through Plaintiffs' affirmative act of filing this defamation action