In David, et. al. v. Signal Int'l, LLC, et. al.., 2009 WL 5215326 (E.D.La. Dec. 28, 2009), Magistrate Judge Daniel E. Knowles III, granted plaintiffs' motion to compel production of e-mails and deposition testimony ruling that under Federal Rule of Evidence 502 and  case law, pro se defendant Kurella Rao waived the attorney-client privilege by failing to seek return of privileged information.

In this putative class action brought on behalf of more than 500 Indian men, plaintiffs allege that defendants trafficked them into the United States to assist with Katrina Hurricane-related repairs and forced them into involuntary servitude.  In discovery, defendant Roa produced attorney-client privileged e-mails and gave deposition testimony related to confidential communications against the advice of counsel which subsequently withdrew from the case.   The court ruled that Roa had failed to take any reasonable steps to prevent the privilege and never asked for the return of the privileged materials.  The court further granted the motion to compel ruling Roa's pro se status was irrelevant., particularly given the fact that he was previously represented by counsel who warned him about answering questions that would lead to privileged information.