§ 16-4018. Waiver and preclusion of privilege.

Current through October 23, 2012

(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.

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

HISTORICAL AND STATUTORY NOTES

Legislative History of Laws

For history of Law 19-125, see notes under § 16-4001.

Uniform Law

This section is based on § 18 of the Uniform Collaborative Law Act. See Vol. 7 , Part 1B, Uniform Laws Annotated, Master Edition or ULA Database on Westlaw.