§5.29 Inadvertent Disclosure
C. Mueller, L. Kirkpatrick, & L. Richter, Evidence §5.29 (6th ed. Wolters Kluwer 2018)
8 Pages Posted: 2 Nov 2018
Date Written: 2018
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.
Keywords: FRE 502, Federal Rule of Evidence 502, waiver, privilege waiver, inadvertent disclosure, stolen or intercepted communications, scope of waiver, authority to waive privilege
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