§658G-18 Waiver and preclusion of privilege. (a) A privilege under section 658G-17 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 the nonparty participant.
(b) A person that makes a disclosure or representation about a collaborative law communication which prejudices another person in a proceeding may not assert a privilege under section 658G-17, but this preclusion applies only to the extent necessary for the person prejudiced to respond to the disclosure or representation. [L 2012, c 207, pt of §1]
Structure Hawaii Revised Statutes
Title 36. Civil Remedies and Defenses and Special Proceedings
658G. Hawaii Uniform Collaborative Law Act
658G-4 Collaborative law participation agreement; requirements.
658G-5 Beginning and concluding a collaborative law process.
658G-6 Proceedings pending before tribunal; status report.
658G-8 Approval of agreement by tribunal.
658G-9 Disqualification of collaborative lawyer and lawyers in associated law firm.
658G-11 Governmental entity as party.
658G-12 Disclosure of information.
658G-13 Standards of professional responsibility and mandatory reporting not affected.
658G-14 Appropriateness of collaborative law process.
658G-15 Coercive or violent relationship.
658G-16 Confidentiality of collaborative law communication.
658G-17 Privilege against disclosure for collaborative law communication; admissibility; discovery.
658G-18 Waiver and preclusion of privilege.
658G-20 Authority of tribunal in case of noncompliance.
658G-21 Uniformity of application and construction.
658G-22 Relation to Electronic Signatures in Global and National Commerce Act.