Attorney-Client Privilege: Waiver (NJ) | Practical Law

Attorney-Client Privilege: Waiver (NJ) | Practical Law

A Practice Note discussing who may waive the attorney-client privilege, how they may waive the privilege, and the scope of any waiver under New Jersey law. It discusses ways a party may intentionally or unintentionally waive the privilege, such as expressly, inadvertently, by failing to assert the privilege, under the "in issue" doctrine, based on the advice of counsel defense, by using counsel as a witness, and by refreshing a witness's recollection with privileged communications.

Attorney-Client Privilege: Waiver (NJ)

Practical Law Practice Note w-028-8508 (Approx. 14 pages)

Attorney-Client Privilege: Waiver (NJ)

by Practical Law Litigation
MaintainedNew Jersey
A Practice Note discussing who may waive the attorney-client privilege, how they may waive the privilege, and the scope of any waiver under New Jersey law. It discusses ways a party may intentionally or unintentionally waive the privilege, such as expressly, inadvertently, by failing to assert the privilege, under the "in issue" doctrine, based on the advice of counsel defense, by using counsel as a witness, and by refreshing a witness's recollection with privileged communications.