A. A privilege under § 20-182 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 such participant.
B. A person who makes a disclosure or representation about a collaborative law communication that prejudices another person in a proceeding shall not assert a privilege under § 20-182; such preclusion applies only to the extent necessary for the person prejudiced to respond to the disclosure or representation.
2021, Sp. Sess. I, c. 346.
Structure Code of Virginia
Chapter 11 - Uniform Collaborative Law Act
§ 20-170. Collaborative law participation agreement; requirements
§ 20-171. Beginning and concluding collaborative law process
§ 20-172. Proceedings pending before tribunal; status report
§ 20-174. Affirmation of agreement by tribunal
§ 20-175. Disqualification of collaborative lawyer and lawyers in associated law firm; exception
§ 20-176. Low-income parties; exception from imputed disqualification
§ 20-177. Disclosure of information
§ 20-178. Standards of professional responsibility and mandatory reporting not affected
§ 20-179. Appropriateness of collaborative law process
§ 20-180. History of family abuse
§ 20-181. Confidentiality of collaborative law communication
§ 20-182. Privilege against disclosure of collaborative law communication; admissibility; discovery
§ 20-183. Waiver and preclusion of privilege
§ 20-185. Authority of tribunal in case of noncompliance
§ 20-186. Uniformity of application and construction
§ 20-187. Relation to Electronic Signatures in Global and National Commerce Act