Which statement about privilege waiver is correct?

• A. When the client waives it, the matter is no longer confidential, or required by law or a court order.
• B. Privilege can never be waived.
• C. Privilege may be waived only by the barrister.
• D. Privilege is waived whenever the lawyer wants.

Answer: (A)

Privilege protects confidential communications between a client and lawyer for the purpose of giving or obtaining legal advice. A waiver occurs when the client consents to disclosure of the privileged material. Once the client waives it, the information is no longer confidential, and disclosure can occur, subject to any legal or court-order requirements that might compel production anyway. The key point is that the power to waive lies with the client, not the lawyer, and it ends the protection for the waived matter. The other statements go against this: privilege isn’t irreversibly fixed, it isn’t controlled unilaterally by the barrister, and it isn’t true that a lawyer can waive it at will.