                                 CODE OF VIRGINIA

ATTORNEY-CLIENT PRIVILEGE AND WORK PRODUCT PROTECTION; LIMITATIONS ON WAIVER (§
8.01-420.7)

A. When disclosure of a communication or information covered by the
attorney-client privilege or work product protection made in a proceeding or to
any public body as defined in § 2.2-3701 operates as a waiver of the privilege
or protection, the waiver extends to an undisclosed communication or information
only if:

   1. The waiver is intentional;

   2. The disclosed and undisclosed communications or information concern the
   same subject matter; and

   3. The disclosed and undisclosed communications or information ought in
   fairness be considered together.

B. Disclosure of a communication or information covered by the attorney-client
privilege or work product protection made in a proceeding or to any public body
as defined in § 2.2-3701 does not operate as a waiver of the privilege or
protection if:

   1. The disclosure is inadvertent;

   2. The holder of the privilege or protection took reasonable steps to prevent
   disclosure; and

   3. The holder promptly took reasonable steps to rectify the error, including,
   if applicable, complying with the provisions of subdivision (b) (6) (ii) of
   Rule 4:1 of the Rules of the Supreme Court.

C. A court may order that the privilege or protection is not waived by the
disclosure connected with the litigation pending before the court, in which case
the disclosure does not operate as a waiver in any other proceeding.

D. An agreement on the effect of the disclosure in a proceeding is binding only
on the parties to the agreement, unless it is incorporated into a court order.

E. This section shall not limit any otherwise applicable waiver of
attorney-client privilege or work product protection by an inmate who files an
action challenging his conviction or sentence.

HISTORY: 2010, c. 350.