(a) A privilege under § 3–2009 of this subtitle may be waived in a record or orally during a proceeding if it is expressly waived by each party and, in the case of the privilege of a nonparty participant, the privilege is also expressly waived by the nonparty participant.
(b) A person that makes a disclosure or representation about a collaborative law communication that prejudices another person in a proceeding may not assert a privilege under § 3–2009 of this subtitle, but this preclusion applies only to the extent necessary for the person prejudiced to respond to the disclosure or representation.
Structure Maryland Statutes
Courts and Judicial Proceedings
Title 3 - Courts of General Jurisdiction -- Jurisdiction/special Causes of Action
Subtitle 20 - Maryland Uniform Collaborative Law Act
Section 3-2002 - Collaborative Law Participation Agreement; Requirements
Section 3-2003 - Beginning and Concluding a Collaborative Law Process
Section 3-2004 - Emergency Order
Section 3-2005 - Approval of Agreement by Tribunal
Section 3-2006 - Disclosure of Information
Section 3-2007 - Standards of Professional Responsibility and Reporting Not Affected
Section 3-2008 - Confidentiality of Collaborative Law Communication
Section 3-2010 - Waiver and Preclusion of Privilege
Section 3-2011 - Limits of Privilege
Section 3-2012 - Authority of Tribunal in Case of Noncompliance
Section 3-2013 - Uniformity of Application and Construction
Section 3-2014 - Relation to Electronic Signatures in Global and National Commerce Act