Illinois Supreme Court: Subject Matter Waiver Does Not Apply to Extra-Judicial Disclosures

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The Illinois Supreme Court has held that the subject matter waiver applies only to disclosures made during litigation to gain a tactical advantage. The subject matter waiver doctrine creates an exception to the attorney-client privilege where a party selectively discloses some, but not all, of its attorney-client communications. The court held that the subject matter waiver doctrine does not apply to disclosures made during business transactions or other extra-judicial settings.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Nicole Hyland, Frankfurt Kurnit Klein & Selz | Attorney Advertising

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