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ARTICLE V. PRIVILEGES

Table of Contents

Article I. General Provisions
Article II. Judicial Notice
Article III. Presumptions
Article IV. Relevancy and Its Limits
Article V. Privileges
Rule 502
Rule 503
Rule 504
Article VI. Witnesses
Article VII. Opinions and Expert Testimony
Article VIII. Hearsay
Article X. Contents of Writings, Recordings,
and Photographs

Revised Rule 503. Waiver of the Attorney-Client Privilege [changes highlighted]

(a) General Rule of Waiver. The attorney-client privilege is waived when the client's conduct toward a protected communication is inconsistent with its confidential nature or when the communication is used in a manner that places another at an adversarial disadvantage.

Click here to see commentary on Revised Article 503(a).

(b) Illustrations. By way of illustration only, and not by way of limitation, the following are examples of conduct or use of a privileged communication that constitutes a waiver of its protection: (1) Failing to take reasonable precautions to preserve the confidentiality of the communication; (2) voluntarily disclosing the communication; (3) failing to properly object to disclosure of the communication; (4) making evidentiary use of the communication; (5) refreshing recollection with the communication while testifying; (6) asserting a claim or defense that makes privileged communications an issue in the litigation; (7) asserting a claim or defense that makes attorney-client communications central to its resolution.

Click here to see commentary on Revised Article 503(b).

(c) Scope of the Waiver. If the privilege is waived under this rule, the waiver will extend to all communications with any attorney consulted by the client which relate to the subject matter addressed in the waived communication to the degree required by fairness. Once the privilege is waived, it may not be reclaimed at a subsequent proceeding.

Click here to see commentary on Revised Article 503(c).

Revised Rule 503. Waiver of the Attorney-Client Privilege [clean copy]

(a) General Rule of Waiver. The attorney-client privilege is waived when the client's conduct toward a protected communication is inconsistent with its confidential nature or when the communication is used in a manner that places another at an adversarial disadvantage.

(b) Illustrations. By way of illustration only, and not by way of limitation, the following are examples of conduct or use of a privileged communication that constitutes a waiver of its protection: (1) Failing to take reasonable precautions to preserve the confidentiality of the communication; (2) voluntarily disclosing the communication; (3) failing to properly object to disclosure of the communication; (4) making evidentiary use of the communication; (5) refreshing recollection with the communication while testifying; (6) asserting a claim or defense that makes privileged communications an issue in the litigation; (7) asserting a claim or defense that makes attorney-client communications central to its resolution.

(c) Scope of the Waiver. If the privilege is waived under this rule, the waiver will extend to all communications with any attorney consulted by the client which relate to the subject matter addressed in the waived communication to the degree required by fairness. Once the privilege is waived, it may not be reclaimed at a subsequent proceeding.

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