District of Columbia Statutes

§ 16-4018 — Waiver and preclusion of privilege.

District of Columbia·Title 16 Particular Actions, Proceedings and Matters. [Enacted title]·Ch. 40 Collaborative Law; Uniform Act.
(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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Legislative History

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

Nearby Sections

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