This article addresses waiver of the attorney-client privilege by voluntary disclosure. The central requirements of such waiver are that it be voluntary and disclose a “significant part” of the privileged communication. Selective disclosure to particular individuals or entities will generally waive the privilege as to all. However, disclosure to another person within a privilege will not result in waiver. The article concludes by discussing the effect of agreements between attorneys about waiver and pretrial orders by courts under FRE 502.
GW Paper Series
GWU Law School Public Law Research Paper No. 2018-64; GWU Legal Studies Research Paper No. 2018-64
Mueller, Christopher B. and Kirkpatrick, Laird C. and Richter, Liesa, §5.28 Waiver by Voluntary Disclosure (2018). C. Mueller, L. Kirkpatrick, & L. Richter, Evidence §5.28 (6th ed. Wolters Kluwer 2018); GWU Law School Public Law Research Paper No. 2018-64; GWU Legal Studies Research Paper No. 2018-64. Available at SSRN: https://ssrn.com/abstract=3277027