§ 90.507, Fla. Stat. — Waiver of Privilege by Voluntary Disclosure
Plain English
A privilege isn’t bulletproof — you can waive it. Under § 90.507, the holder waives the privilege if they (or a prior holder) voluntarily disclose, or consent to disclosure of, any significant part of the privileged matter, when they don’t have a reasonable expectation of privacy. This is the “you can’t cherry-pick” rule: reveal part of a privileged communication and you risk losing protection over the rest. The one carve-out: it doesn’t apply when the disclosure is itself a privileged communication (telling your lawyer something doesn’t waive a different privilege).
From the Courtroom
Selective disclosure is how privilege quietly dies. A client who reveals the “good” part of a privileged conversation to gain an edge can hand the other side a waiver argument over the whole subject. The discipline is all-or-nothing: protect it completely, or expect to lose the shield over the rest.
Key Points & Authority
- § 90.507, Fla. Stat. — Voluntarily disclosing or consenting to disclosure of a significant part of privileged matter (without a reasonable expectation of privacy) waives the privilege.
- Carve-out: the rule does not apply when the disclosure is itself a privileged communication.
- Federal parallel: Fed. R. Evid. 502 governs waiver of the attorney-client privilege and work-product protection (including limits on subject-matter and inadvertent waiver).
Federal Parallel
The closest federal counterpart is Fed. R. Evid. 502, which addresses waiver of the attorney-client privilege and work-product protection — including protections against inadvertent disclosure and limits on subject-matter waiver that Florida’s § 90.507 treats more generally.
About this rule walkthrough
Part of The Evidence Code, hosted by John M. Phillips — Board Certified Civil Trial Lawyer, Court TV analyst, admitted in 8 states + 9 federal districts + SCOTUS.
Free consultation: (904) 444-4444 · About John Phillips
Educational only — not legal advice.
Rule Text (verbatim from the Florida Supreme Court)
A person who has a privilege against the disclosure of a confidential matter or communication waives the privilege if the person, or the person’s predecessor while holder of the privilege, voluntarily discloses or makes the communication when he or she does not have a reasonable expectation of privacy, or consents to disclosure of, any significant part of the matter or communication. This section is not applicable when the disclosure is itself a privileged communication.
Educational reference. Educational only — not legal advice.
What this rule means in plain English
Section 90.507 waives a privilege when the holder voluntarily discloses or consents to disclosure of a significant part of the privileged matter without a reasonable expectation of privacy, unless the disclosure is itself privileged.