Privilege not waived by volunteering evidence
AI Assist
Summary
Voluntarily giving evidence in a suit does not waive confidentiality of communications with your lawyer. If you call your own lawyer as a witness, you consent to disclosure only for matters you specifically question the lawyer about that would otherwise be privileged. Simply producing evidence is not consent to broader disclosure.
Example
Priya sues a neighbour and gives evidence about the sale of furniture. Her testimony does not allow the court to force disclosure of her earlier confidential talks with her lawyer. Later she calls her lawyer as a witness; if she asks about a specific legal advice, only that specific discussion can be disclosed.
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 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.
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