Chapter 23 Waiver of the Privilege

• Library: A Virginia-Specific Summary Guide: Attorney-Client Privilege & Work Product Doctrine (Virginia CLE) (2016 Ed.)

Chapter 23

WAIVER OF THE PRIVILEGE

23.1 INTRODUCTION

Even if clients and their lawyers take all the necessary steps to assure their communications' attorney-client privilege protection, either clients or their lawyers can lose this protection by waiving it.

23.2 PRIVILEGE CAN BE UNAVAILABLE OR LOST

The privilege can be unavailable when clients or their lawyers communicate with third parties outside the attorney-client relationship, or when such third parties participate in otherwise privileged communications.

The privilege can fail to protect communications or be lost in several different settings.

• For example, the privilege does not

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