This article addresses waiver of the attorney-client privilege by inadvertent disclosure, usually during discovery. It discusses the protections provided by FRE 502 when an attorney has taken “reasonable steps” to prevent the inadvertent disclosure and “reasonable steps” to rectify the error.
GW Paper Series
GWU Law School Public Law Research Paper No. 2018-65; GWU Legal Studies Research Paper No. 2018-65
Mueller, Christopher B. and Kirkpatrick, Laird C. and Richter, Liesa, §5.29 Inadvertent Disclosure (2018). C. Mueller, L. Kirkpatrick, & L. Richter, Evidence §5.29 (6th ed. Wolters Kluwer 2018); GWU Law School Public Law Research Paper No. 2018-65; GWU Legal Studies Research Paper No. 2018-65. Available at SSRN: https://ssrn.com/abstract=3277031