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Wyoming Stipulated Order Regarding Non-Waiver of Attorney-Client Privilege and Work Product Protection (posted 07/11/16)

State:
Wyoming
Control #:
WY-GN-031
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Word
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Stipulated Order Regarding Non-Waiver of Attorney-Client Privilege and Work Product Protection (posted 07/11/16)

The Wyoming Stipulated Order Regarding Non-Waiver of Attorney-Client Privilege and Work Product Protection (posted 07/11/16) is an agreement between the parties to a lawsuit in Wyoming that states that neither party will waive the attorney-client privilege nor work product protection during the course of the lawsuit. This stipulated order is designed to ensure that any confidential communications between the attorney and client will remain privileged, and that any documents or work product generated by the attorney in the course of representing the client will remain protected. The order applies to all documents exchanged between the parties, including electronically stored information and documents produced by a third party. The order also states that the parties must not use the privileged information or work product in any way that would waive the privilege or protection. There are two types of Wyoming Stipulated Order Regarding Non-Waiver of Attorney-Client Privilege and Work Product Protection (posted 07/11/16): one for civil cases and one for criminal cases. The civil case order requires that the parties notify each other in writing before waiving the privilege or protection, while the criminal case order requires that the parties obtain a court order before waiving the privilege or protection. Both orders allow the parties to object to the disclosure of information and to raise the issue of privilege and protection.

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FAQ

Attorney-client Privilege Basics If the privilege is waived, formerly protected communications may have to be disclosed to third parties (e.g., opposing counsel, the court, constituents, etc.) Attorney communications should not be forwarded to a third party without talking with that attorney.

CRE 502(a) sets a standard for the extent of waiver of privi- lege or work product protection: Intentional waiver extends to undisclosed material dealing with ?the same subject matter? as the disclosed material to the extent that the former ?ought in fairness? to be considered with what was disclosed.

An evidentiary rule or common law doctrine under which a party's disclosure of privileged or work product-protected communications or information removes the attorney-client privilege or work product protection for related, but undisclosed, communications or information.

Each Party acknowledges that the Confidential Information of the disclosing Party is the property of the disclosing Party or a third party and that none of the latter intend to or do waive any rights, title or privilege they may have in respect of any of the Confidential Information.

An evidentiary rule or common law doctrine under which a party's disclosure of privileged or work product-protected communications or information removes the attorney-client privilege or work product protection for related, but undisclosed, communications or information.

Recently enacted Federal Rule of Evidence 502 ?adopts a national standard that an inadvertent disclosure of privileged information does not waive the privilege if the holder of the privilege took reasonable steps to prevent disclosure and rectify the error.? Rhoads Industries, Inc.

Simply put, Rule 502(d) permits a federal court to enter an order stating that production of documents protected by the attorney-client privilege or work product doctrine does not waive those protections in the specific litigation or any other federal or state proceeding.

Rather, a non-waiver clause generally provides that the parties to a contract may not change or modify their agreement unless both parties agree to the proposed change or modification in writing. In the recent case, Hovnanian Land Investment Group, LLC v.

More info

Stipulated Order Regarding NonWaiver of AttorneyClient Privilege and Work Product Protection. Form:. Rule 502 addresses how a party can waive, or not waive, the attorney– client privilege or work-product protection when making disclosures either.There is no attorney workproduct protection and there is no protection of communications between lawyers and clients on the basis of. Not every communication between an attorney and client is privileged, only confidential communications which involve the requesting or giving of legal advice.

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Wyoming Stipulated Order Regarding Non-Waiver of Attorney-Client Privilege and Work Product Protection (posted 07/11/16)