Rule 502 - Attorney-Client Privilege and Work Product; Limitations on WaiverThe 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(b)(6)(B).(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.Added Sept. 3, 2009, effective 1/1/2010. Amended Sept. 8, 2011, effective 1/1/2012; 9/2/2016, effective 1/1/2017.