2020 District of Columbia Code
Title 16 - Particular Actions, Proceedings and Matters. [Enacted title]
Chapter 40 - Collaborative Law; Uniform Act
§ 16–4018. Waiver and preclusion of privilege

Universal Citation: DC Code § 16–4018 (2020)

(a) 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.

(b) 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.

(May 9, 2012, D.C. Law 19-125, § 2(b), 59 DCR 1928.)

Section References

This section is referenced in § 16-4017.

Editor's Notes

Uniform Law: This section is based on § 18 of the Uniform Collaborative Law Act.

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