§ 5:34 Waiver of Privilege — Inadvertent or Involuntary Disclosure

16 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

In their first twenty years (1975-1995), the federal rules of evidence changed little. However, changes have accelerated since 1993, with creation of the Evidence Rules Advisory Committee which meets regularly and proposes changes to the rules almost every year. One change, which grew out of the work of a special committee, was the addition of an entirely new provision, Rule 502, which governs waiver of attorney-client privilege. This rule became law in 2008 through congressional enactment (privilege rules must be passed by Congress in order to take effect). Sections 5:34 discusses this new provision. Under "Privileges: Rule 501,"section 5:34 discusses waiver by inadvertent or involuntary disclosure.

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

Suggested Citation

Mueller, Christopher B. and Kirkpatrick, Laird C., § 5:34 Waiver of Privilege — Inadvertent or Involuntary Disclosure (2013). GWU Law School Public Law Research Paper No. 2014-23;  Federal Evidence § 5:34 (4th ed., 2013) ; GWU Law School Public Law Research Paper No. 2014-23; GWU Legal Studies Research Paper No. 2014-23. Available at SSRN: https://ssrn.com/abstract=2446149

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

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