Privilege not waived by volunteering evidence
AI Assist
Summary
Giving evidence in your own suit does not automatically waive lawyer‑client confidentiality or other protected communications. If you call your advocate as a witness, you consent to disclosure only for the specific matters you put to the advocate that you otherwise could not reveal. Simply testifying, or calling your lawyer without asking about privileged advice, keeps confidentiality intact.
Example
Priya testifies in her own suit about a damaged shop counter. Her speaking in court does not waive her lawyer‑client confidentiality. Later she calls her advocate and only asks about the date she was in the shop, not about legal advice, so the advocate cannot be forced to disclose privileged communications.
Bare Act
Enacted textIf 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 132; and, if any party to a suit or proceeding calls any such advocate, as a witness, he shall be deemed to have consented to such disclosure only if he questions such advocate, on matters which, but for such question, he would not be at liberty to disclose.
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