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

20 Pages Posted: 12 Jun 2014

See all articles by Christopher B. Mueller

Christopher B. Mueller

University of Colorado Law School

Laird C. Kirkpatrick

George Washington University - Law School

Date Written: 2013

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.

Keywords: federal rules of evidence, Rule 502, waivers, limitations, attorney-client privilege, forensic laboratory reports

Suggested Citation

Mueller, Christopher B. and Kirkpatrick, Laird C., § 5:33 Waiver of Privilege — Voluntary Disclosure or Failure to Claim (2013). Federal Evidence § 5:33 (4th ed., 2013); GWU Law School Public Law Research Paper No. 2014-22; GWU Legal Studies Research Paper No. 2014-22. Available at SSRN: https://ssrn.com/abstract=2446147

Christopher B. Mueller

University of Colorado Law School ( email )

401 UCB
Boulder, CO 80309
United States

Laird C. Kirkpatrick (Contact Author)

George Washington University - Law School ( email )

2000 H Street, N.W.
Washington, DC 20052
United States

Here is the Coronavirus
related research on SSRN

Paper statistics

Downloads
58
Abstract Views
378
rank
375,924
PlumX Metrics