How is disclosure treated?
Is the disclosure operating as a waiver or acting as a waiver? The Rule governs only certain waivers by disclosure, and other waiver doctrines, such as “at issue” waiver and “reliance on counsel,” still apply without modification by the Rule. Rule 502 of the Federal Rules of Evidence adopts a national standard to govern the intentional waiver of the attorney‐client privilege. Watch this video for in-depth details on Rule 502.
John A. Snow
Parsons Behle & Latimer
- Attorney with Parsons Behle & Latimer, Salt Lake City, Utah
- Practice consists of general civil litigation, including commercial, professional malpractice, construction, and insurance coverage and defense
- Designated in The Best Lawyers in America as Lawyer of the Year in litigation, real estate, and construction law; and designated in the areas of practice of legal malpractice defense, commercial litigation, and construction
- Designated in Utah Business magazine’s Utah Legal Elite in the areas of business and civil litigation and construction law and as a Super Lawyer in the Mountain States in Super Lawyer Magazine
- Chair of the Ethics Advisory Opinion Committee of the Utah State Bar
- Can be contacted at [email protected] or 801-536-6772
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