s an indication that confidentiality is no longer intended or as a waiver of the privilege." In re Horowitz, 482 F.2d 72, 81 (2nd Cir. 1973) (citing MCCORMACK, EVIDENCE § 93, at 197 (Cleary ed. 1972) and cases cited therein and 8 WIGMORE, EVIDENCE § 2311, at 599 (McNaughton rev. 1961)). Thus, a person can