ER 502
       ATTORNEY-CLIENT PRIVILEGE AND WORK PRODUCT; LIMITATIONS ON WAIVER


     The following provisions apply, in the circumstances set out, to
disclosure of a communication or information covered by the attorney-client
privilege or work-product protection.

     (a) Disclosure Made in a Washington Proceeding or to a Washington Office
or Agency; Scope of a Waiver.  When the disclosure is made in a Washington
proceeding or to a Washington office or agency and waives the attorney-client
privilege or work-product protection, the waiver extends to an undisclosed
communication or information in any proceeding only if:

      (1)  the waiver is intentional;

      (2)  the disclosed and undisclosed communications or information concern
           the same subject matter; and

      (3)  they should, in fairness, be considered together.

     (b) Inadvertent Disclosure.  When made in a Washington proceeding or to a Washington
office or agency, the disclosure does not operate as a waiver in any proceeding 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) following CR 26(b)(6).

     (c) Disclosure Made in a Non-Washington Proceeding.  When the disclosure
is made in a non-Washington proceeding and is not the subject of a court order
concerning waiver, the disclosure does not operate as a waiver in a Washington
proceeding if the disclosure:

      (1) would not be a waiver under this rule if it had been made in a
          Washington proceeding; or

      (2) is not a waiver under the law of the jurisdiction where the
          disclosure occurred.

     (d) Controlling Effect of a Court Order.  A Washington court may order
that the privilege or protection is not waived by disclosure connected with the
litigation pending before the court-in which event the disclosure is also not a
waiver in any other proceeding.

     (e) Controlling Effect of a Party Agreement.  An agreement on the effect
of disclosure in a Washington proceeding is binding only on the parties to the
agreement, unless it is incorporated into a court order.

     (f) Definitions.  In this rule:

       (1) "attorney-client privilege" means the protection that applicable
           law provides for confidential attorney-client communications; and

      (2) "work-product protection" means the protection that applicable law
          provides for   tangible material (or its intangible equivalent) prepared
          in anticipation of litigation or for trial.


[Adopted effective September 1, 2010]