§ Rule 502 Attorney-Client Privilege and Work Product; Limitations on Waiver

Rule 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 an Arizona proceeding; scope of a waiver.

    When the disclosure is made in an Arizona proceeding and waives the attorney-client privilege or work-product protection, the waiver extends to an undisclosed communication or information in an Arizona proceeding only if:

        (1) the waiver is intentional;

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

        (3) they ought in fairness to be considered together.

    (b) Inadvertent disclosure.

    When made in an Arizona proceeding, the disclosure does not operate as a waiver in an Arizona 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 Arizona Rule of Civil Procedure 26.1(f)(2).

    (c) Disclosure made in a proceeding in federal court or another state.

    When the disclosure is made in a proceeding in federal court or another state and is not the subject of a court order concerning waiver, the disclosure does not operate as a waiver in an Arizona proceeding if the disclosure:

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

        (2) is not a waiver under the law governing the federal or state proceeding where the disclosure occurred.

    (d) Controlling effect of a court order.

    An Arizona 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 an Arizona 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.