§5.28 Waiver by Voluntary Disclosure

Authors

Christopher B. Mueller, University of Colorado Law School
Laird Kirkpatrick, George Washington University Law SchoolFollow
Liesa Richter, University of Oklahoma College of Law

Document Type

Chapter

Publication Date

2018

Status

Accepted

Abstract

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

SSRN Link

https://ssrn.com/abstract=3277027

Recommended Citation

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