ADULTERY – PROOF – ATTORNEY-CLIENT RELATIONSHIP (AS A DEFENSE AND AS A PRIVILEGE CLAIM). In an unusual (we would hope) recent case a lawyer wife was able to defend herself against her husband’s adultery complaint by invoking her attorney-client relationship with the alleged paramour both as a substantive defense and as one of her privilege claims. Oh yes, and by taking the Fifth Amendment. Having invoked her right against self-incrimination, her defense was that all her conduct could be explained as pursuit of her attorney-client relationship with her business client, and then when asked to explain her conduct, she invoked the attorney-client privilege because it would divulge business-related information belonging to the alleged boy friend’s business, which she represented. Perhaps the trial court should not have granted the wife’s motion to strike these complaints when it decided to grant a no-fault divorce instead, but since (the court held) she had plausible explanations for her suspicious conduct, it would have been harmless error anyway. On appeal it was the husband’s burden to demonstrate how the ruling on the motion prejudiced his right to a fair trial, and the evidence that the husband did proffer was legally insufficient to compel an adultery finding. Moreover, the Court of Appeals found in this unpublished case, Jordan v. Jordan, 27 VLW 160 (6/26/12), that there was nothing in the record showing any adverse ruling by the trial judge when the wife’s assertion of her Fifth Amendment and attorney-client privileges were challenged. Because there was nothing to show the nature of the husband’s objections to his wife’s assertion of the privileges, his arguments could not even be considered on appeal. Fee awards were denied to both parties.