Waiver and Preclusion of Privilege

(a) A privilege under Rule 2 may be waived in a "record" or orally during a proceeding if it is expressly waived by all parties and, in the case of the privilege of a nonparty participant, it is also expressly waived by the nonparty participant. (b) A person who makes a disclosure or representation about a collaborative law communication that prejudices another person in a proceeding may not assert a privilege under Rule 2, but this preclusion applies only to the extent necessary for the person prejudiced to respond to the disclosure or representation. [Adopted 2-9- 2015.] Alabama Committee Comment This rule is substantively identical to Section/Rule 18 of the Uniform Collaborative Law Act/Rules. This rule establishes the requirements that must be met for a waiver of a privilege under Rule 2 of the Alabama Rules of Privilege in Collaborative Law Practice. Note from the reporter of decisions: The order adopting the Alabama Rules of Privilege in Collaborative Law Practice, including the Alabama Committee Comments, effective February 9, 2015, is published in that volume of Alabama Reporter that contains Alabama cases from ___ So. 3d.