IEA Section 128 — Privilege not waived by volunteering evidence

Summary

If a person who is a party to a lawsuit gives evidence in that case, whether on their own choice or not, that alone does not mean they have agreed to let their lawyer reveal confidential communications covered under section 126. However, if that party calls their own lawyer as a witness in the case, they are considered to have agreed to let the lawyer disclose confidential matters only if the party asks the lawyer questions about those matters—otherwise, the lawyer still cannot disclose them.

Official Text

If any party to a suit gives evidence therein at his own instance or otherwise, he shall not be deemed to have consented thereby to such disclosure as is mentioned in section 126; and if any party to a suit or proceeding calls any such barrister, pleader, attorney or vakil as a witness, he shall be deemed to have consented to such disclosure only if he questions such barrister, attorney or vakil on matters which, but for such question, he would not be at liberty to disclose.

Old <-> New Code Mapping

• BSA §133 — Privilege not waived by volunteering evidence