§ 5:33 Waiver of Privilege — Voluntary Disclosure or Failure to Claim

Authors

Laird Kirkpatrick, George Washington University Law SchoolFollow
Christopher B. Mueller

Document Type

Book Part

Publication Date

2013

Status

Accepted

Abstract

Evidence subject to the attorney-client privilege is protected against compelled discovery or disclosure. However, the privilege can be waived if the client who holds the privilege (or the attorney acting on his behalf) fails to claim the privilege or voluntarily discloses the subject matter of the privileged communication. This Section discusses the law governing privilege waiver by voluntary disclosure or failure to claim the privilege.

GW Paper Series

GWU Law School Public Law Research Paper No. 2014-22; GWU Legal Studies Research Paper No. 2014-22

SSRN Link

http://ssrn.com/abstract=2446147

Recommended Citation

Federal Evidence § 5:33 (4th ed., 2013)