I 
110TH CONGRESS 
2D SESSION 
H. R. 6610 
To amend the Federal Rules of Evidence to address the waiver of the 
attorney-client privilege and the work product doctrine. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 24, 2008 
Ms. JACKSON-LEE of Texas introduced the following bill; which was referred 
to the Committee on the Judiciary 
A BILL 
To amend the Federal Rules of Evidence to address the 
waiver of the attorney-client privilege and the work prod-
uct doctrine. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. ATTORNEY-CLIENT PRIVILEGE AND WORK 
PRODUCT; LIMITATIONS ON WAIVER. 
(a) IN GENERAL.—Article V of the Federal Rules of 
Evidence is amended by adding at the end the following: 
‘‘Rule 502. Attorney-Client Privilege and Work Prod-
uct; Limitations on Waiver 
‘‘The following provisions apply, in the circumstances 
set out, to disclosure of a communication or information 
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covered by the attorney-client privilege or work-product 
protection. 
‘‘(a) DISCLOSURE
MADE
IN
A
FEDERAL
PRO-
CEEDING OR TO A FEDERAL OFFICE OR AGENCY; SCOPE 
OF A WAIVER.—When the disclosure is made in a Federal 
proceeding or to a Federal office or agency and waives 
the attorney-client privilege or work-product protection, 
the waiver extends to an undisclosed communication or in-
formation in a Federal or State proceeding only if: 
‘‘(1) the waiver is intentional; 
‘‘(2) the disclosed and undisclosed communica-
tions or information concern the same subject mat-
ter; and 
‘‘(3) they ought in fairness to be considered to-
gether. 
‘‘(b) INADVERTENT DISCLOSURE.—When made in a 
Federal proceeding or to a Federal office or agency, the 
disclosure does not operate as a waiver in a Federal or 
State 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, including (if applicable) fol-
lowing Federal Rule of Civil Procedure 26(b)(5)(B). 
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‘‘(c) DISCLOSURE MADE IN A STATE PROCEEDING.— 
When the disclosure is made in a State proceeding and 
is not the subject of a State-court order concerning waiver, 
the disclosure does not operate as a waiver in a Federal 
proceeding if the disclosure: 
‘‘(1) would not be a waiver under this rule if it 
had been made in a Federal proceeding; or 
‘‘(2) is not a waiver under the law of the State 
where the disclosure occurred. 
‘‘(d) CONTROLLING EFFECT OF A COURT ORDER.— 
A Federal 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 Federal or State pro-
ceeding. 
‘‘(e) CONTROLLING EFFECT OF A PARTY AGREE-
MENT.—An agreement on the effect of disclosure in a 
Federal proceeding is binding only on the parties to the 
agreement, unless it is incorporated into a court order. 
‘‘(f) CONTROLLING EFFECT OF THIS RULE.—Not-
withstanding Rules 101 and 1101, this rule applies to 
State proceedings and to Federal court-annexed and Fed-
eral court-mandated arbitration proceedings, in the cir-
cumstances set out in the rule. And notwithstanding Rule 
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501, this rule applies even if State law provides the rule 
of decision. 
‘‘(g) DEFINITIONS.—In this rule: 
‘‘(1) ‘attorney-client privilege’ means the pro-
tection that applicable law provides for confidential 
attorney-client communications; and 
‘‘(2) ‘work-product protection’ means the pro-
tection that applicable law provides for tangible ma-
terial (or its intangible equivalent) prepared in an-
ticipation of litigation or for trial.’’. 
(b) TECHNICAL AND CONFORMING CHANGES.—The 
table of contents for the Federal Rules of Evidence is 
amended by inserting after the item relating to rule 501 
the following: 
‘‘502. Attorney-client privilege and work-product doctrine; limitations on waiv-
er.’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this Act shall apply in all proceedings commenced after 
the date of enactment of this Act and, insofar as is just 
and practicable, in all proceedings pending on such date 
of enactment. 
Æ 
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