Waiver and preclusion of privilege. (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.
District of Columbia Legal Code