8.01-420.7 - Attorney-client privilege and work product protection; limitations on waiver. - Virginia Statutes

§ 8.01-420.7. Attorney-client privilege and work product protection;limitations on waiver.

A. When disclosure of a communication or information covered by theattorney-client privilege or work product protection made in a proceeding orto any public body as defined in § 2.2-3701 operates as a waiver of theprivilege or protection, the waiver extends to an undisclosed communicationor information only if:

1. The waiver is intentional;

2. The disclosed and undisclosed communications or information concern thesame subject matter; and

3. The disclosed and undisclosed communications or information ought infairness be considered together.

B. Disclosure of a communication or information covered by theattorney-client privilege or work product protection made in a proceeding orto any public body as defined in § 2.2-3701 does not operate as a waiver ofthe privilege or protection if:

1. The disclosure is inadvertent;

2. The holder of the privilege or protection took reasonable steps to preventdisclosure; and

3. The holder promptly took reasonable steps to rectify the error, including,if applicable, complying with the provisions of subdivision (b) (6) (ii) ofRule 4:1 of the Rules of the Supreme Court.

C. A court may order that the privilege or protection is not waived by thedisclosure connected with the litigation pending before the court, in whichcase the disclosure does not operate as a waiver in any other proceeding.

D. An agreement on the effect of the disclosure in a proceeding is bindingonly on the parties to the agreement, unless it is incorporated into a courtorder.

E. This section shall not limit any otherwise applicable waiver ofattorney-client privilege or work product protection by an inmate who filesan action challenging his conviction or sentence.

(2010, c. 350.)