Waiver and preclusion of privilege.
A privilege under § 16-4017 may be waived in a record or orally during a proceeding if it is expressly waived by all parties entitled to claim the privilege at issue and, in the case of the privilege of a nonparty participant, it is also expressly waived by the nonparty participant. A person that makes a disclosure or representation about a collaborative law communication that prejudices another person in a proceeding may not assert a privilege under § 16-4017, but this preclusion applies only to the extent necessary for the person prejudiced to respond to the disclosure or representation.
Annotations
May 9, 2012, D.C. Law 19-125, § 2(b), 59 DCR 1928 Uniform Law: This section is based on § 18 of the Uniform Collaborative Law Act. This section is referenced in § 16-4017.
Sourced from the DC Council Open Law Library (public domain).
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