Rule 5.502 - 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 a court or agency proceeding; scope of a waiver. When the disclosure is made in a court or agency proceeding and waives the attorney-client privilege or work-product protection, the waiver extends to an undisclosed communication or information 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 a court or agency proceeding, the disclosure does not operate as a waiver 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 Iowa Rule of Civil Procedure 1.503(5)(b).c.Disclosure made in a federal or state proceeding. When a disclosure is made in a federal or state proceeding and is not the subject of a federal or state court order concerning waiver, the disclosure does not operate as a waiver in an Iowa proceeding if the disclosure:(1) Would not be a waiver under this rule if it had been made in an Iowa proceeding; or (2) Is not a waiver under the law of the jurisdiction where the disclosure occurred.d.Controlling effect of a court order. A 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 a state proceeding is binding only on the parties to the agreement, unless it is incorporated into a court order.f.Controlling effect of this rule. Notwithstanding rules 5.101 and 5.1101, this rule applies to all proceedings in the circumstances set out in the rule. g.Definitions. In this rule: (1) Attorney-client privilege" means the protection that applicable law provides for confidential attorney-client communications. (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.Report 1983; November 9, 2001, effective February 15, 2002; amended September 28, 2016, effective 1/1/2017.