Rule 502. Attorney-Client Privilege and Work Product; Limitations on Waiver

The 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) Intentional Disclosure; Scope of a Waiver. When the disclosure is made in a Rhode Island proceeding or to a Rhode Island governmental office or agency and operates to waive the privilege or protection as to the communication or information so disclosed, the waiver extends to an undisclosed communication or information only if:

(1) The disclosure 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; Conditions for Non-Waiver. When the disclosure is made in a Rhode Island proceeding or to a Rhode Island governmental office or agency, the disclosure does not operate as a waiver in any 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.

(c) Disclosure Made in Other Proceedings. When the disclosure is made in a federal proceeding or in a proceeding in another state and is not the subject of an order concerning waiver, the disclosure does not operate as a waiver in a Rhode Island proceeding if the disclosure:

(1) Would not be a waiver under this rule if the disclosure had been made in a Rhode Island proceeding; or

(2) Is not a waiver under the law governing the federal proceeding or the proceeding in the other state where the disclosure occurred.

(d) Controlling Effect of an Order. A Rhode Island court may order that the privilege or protection is not waived by disclosure connected with a Rhode Island proceeding or by disclosure to a Rhode Island governmental office or agency. In the event such an order is entered, the disclosure also does not operate as a waiver in any other proceeding.

(e) Controlling Effect of a Party Agreement. An agreement on the effect of disclosure in a proceeding is binding only on the parties to the agreement unless it is incorporated into an order.

(f) Controlling Effect of this Rule. This rule also applies to a Rhode Island arbitration proceeding.

(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; and

(3) "Proceeding" means a judicial proceeding in a Rhode Island court, a federal court, or the court of another state. "Rhode Island proceeding" means a judicial proceeding in a Rhode Island court. "Rhode Island arbitration proceeding" means an arbitration ordered by a Rhode Island court or conducted under a program administered by a Rhode Island court.