Attorney-client privilege and work product protection; limitations on waivers. (SB384)

Introduced By

Sen. Mark Obenshain (R-Harrisonburg)

Progress

√
 Introduced
√
 Passed Committee
√
 Passed House
√
 Passed Senate
√
 Signed by Governor
√
 Became Law

Description

Attorney-client privilege; work product protection; limitations on waivers. Provides that when the disclosure of a communication or information covered by attorney-client privilege or work product protection made in a proceeding or to any public body operates as a waiver of the privilege or protection, such waiver only extends to undisclosed communications or information if (i) the waiver was intentional, and (ii) the disclosed and undisclosed communications or information concern the same subject matter and ought in fairness be considered together. Inadvertent disclosures do not operate as a waiver if reasonable steps were taken to prevent disclosure and to rectify the error. The bill also provides that an agreement between parties as to the effect of a disclosure is only binding upon the parties to the agreement unless it has been incorporated into a court order. This bill is a recommendation of the Boyd-Graves Conference. Amends § 8.01-420.7, of the Code of Virginia. View Full Text »

Outcome

Bill Has Passed

History

  • 01/12/2010 Prefiled and ordered printed; offered 01/13/10 10100501D
  • 01/12/2010 Referred to Committee for Courts of Justice
  • 01/14/2010 Assigned Courts sub: Civil
  • 01/25/2010 Reported from Courts of Justice (13-Y 0-N) (see vote tally)
  • 01/26/2010 Constitutional reading dispensed (40-Y 0-N) (see vote tally)
  • 01/27/2010 Read second time and engrossed
  • 01/28/2010 Read third time and passed Senate (40-Y 0-N) (see vote tally)
  • 02/08/2010 Placed on Calendar
  • 02/08/2010 Read first time
  • 02/08/2010 Referred to Committee for Courts of Justice
  • 02/16/2010 Assigned Courts sub: #2 Civil
  • 02/24/2010 Subcommittee recommends reporting with amendment(s) (11-Y 0-N)
  • 02/26/2010 Reported from Courts of Justice with amendment (19-Y 0-N) (see vote tally)
  • 03/02/2010 Read second time
  • 03/03/2010 Read third time
  • 03/03/2010 Committee amendment agreed to
  • 03/03/2010 Engrossed by House as amended
  • 03/03/2010 Passed House with amendment BLOCK VOTE (99-Y 0-N)
  • 03/03/2010 VOTE: BLOCK VOTE PASSAGE (99-Y 0-N) (see vote tally)
  • 03/05/2010 House amendment agreed to by Senate (39-Y 0-N) (see vote tally)
  • 03/12/2010 Enrolled
  • 03/12/2010 Bill text as passed Senate and House (SB384ER)
  • 03/12/2010 Signed by Speaker
  • 03/13/2010 Signed by President
  • 04/10/2010 G Approved by Governor-Chapter 350 (effective 7/1/10)
  • 04/10/2010 G Acts of Assembly Chapter text (CHAP0350)