Earl is the defendant in a business dispute. He is very old and is suffering from many

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Earl is the defendant in a business dispute. He is very old and is suffering from many ailments, several of which threaten to kill him. Earl's attorney Alex thinks it would be a good idea to videotape his discussions with Earl since he's not likely to be able to have those conversations again. Earl, Alex, and a professional videographer gather for each of Earl and Alex's meetings. The plaintiff subpoenas the tapes, claiming the attorney/client privilege has been waived. Is the plaintiff correct? Why or why not