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 other information covered by the attorney-client privilege or work-product protection.

(A) Disclosure made in an Ohio proceeding or to an Ohio office or agency; scope of waiver When a disclosure is made in an Ohio proceeding or to an office or agency of an Ohio state, county, or local government that waives the attorney-client privilege or work-product protection, the waiver extends to an undisclosed communication or information in any proceeding 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 an Ohio proceeding or to an office or agency of an Ohio state, county, or local government, 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, including (if applicable) following Ohio Civ.R. 26(B)(8)(b).

(C) Disclosure made in another jurisdiction When the disclosure is made in a proceeding in a federal court or the court of another state and is not the subject of a court order concerning waiver, the disclosure does not operate as a waiver in an Ohio proceeding if the disclosure:

(1) Would not be a waiver under this rule if it had been made in an Ohio proceeding; or

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

(D) Controlling effect of a court order An Ohio 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 a disclosure in an Ohio proceeding is binding only on the parties to the agreement, unless it is incorporated into a court order.

(F) Definitions In this rule:

(1) "Attorney-client privilege" means the protection that applicable law provides for confidential attorney-client communications; and

(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.