Rule 510 - Waiver of Privilege and Work-Product by Disclosure(a) General rule. A person upon whom these rules confer a privilege against disclosure waives the privilege if that person or that person's predecessor while holder of the privilege voluntarily discloses or consents to disclosure of any significant part of the privileged matter. This rule does not apply if the disclosure itself is privileged. (b) Limitations on waiver. Notwithstanding paragraph (a), the following provisions apply, in the circumstances set out below, to disclosure of a communication or other information covered by the lawyer-client privilege or work-product protection. (1)Disclosure made in a Vermont proceeding or to a Vermont office or agency; scope of waiver. When a disclosure is made in a Vermont proceeding or to a Vermont office or agency and waives the lawyer-client privilege or work-product protection, the waiver extends to an undisclosed communication or information in any proceeding only if: (A) the waiver is intentional; (B) the disclosed and undisclosed communications or information concern the same subject matter; and (C) they ought in fairness be considered together. (2)Inadvertent disclosure. When made in a Vermont proceeding or to a Vermont office or agency, the disclosure does not operate as a waiver in any proceeding if: (A) the disclosure is inadvertent; (B) the holder of the privilege or protection took reasonable steps to prevent disclosure; and (C) the holder took reasonable steps to rectify the error, including (if applicable) following V.R.C.P. 26(b)(5)(B).(3)Disclosure made in non-Vermont proceeding. When the disclosure is made in a non-Vermont proceeding and is not the subject of a court order concerning waiver, the disclosure does not operate as a waiver in a Vermont proceeding if the disclosure: (A) would not be a waiver under this rule if it had been made in a Vermont proceeding; or(B) is not a waiver under the law of the jurisdiction where the disclosure occurred.(4)Controlling effect of a court order. A Vermont 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. (5)Controlling effect of a party agreement. An agreement on the effect of a disclosure in a Vermont proceeding is binding only on the parties to the agreement, unless it is incorporated into a court order. (6)Definitions. In this rule: (A) "lawyer-client privilege" means the protection that these rules provide for confidential lawyer-client communications; and (B) "work-product protection" means the protection that the applicable law provides for tangible material (or its intangible equivalent) prepared in anticipation of litigation or for trial. (c) Other provisions governing waiver and work-product. The provisions of this rule governing waiver of privilege and work-product are subject to the Uniform Mediation Act, chapter 194 of Title 12 of the Vermont Statutes Annotated, V.R.C.P. 16.3(g), and V.R.C.P. 26(b)(4). Amended November 22, 2011, eff. 1/23/2012.