← Back to search

HRS §658G-18

Giving up the privacy protection in collaborative law

This section explains when the privacy protection for collaborative law talks can be given up. It can be waived if everyone involved, including any nonparty participant, agrees in writing or out loud during a proceeding. Also, if someone reveals information that hurts another person, they cannot use the protection to block that person's response.

everyone

The statute, as written — - 18] Waiver and preclusion of privilege

(a) A privilege under section 658G-17 may be waived in a record or orally during a proceeding if it is expressly waived by all parties and, in the case of the privilege of a nonparty participant, it is also expressly waived by the nonparty participant. (b) A person that makes a disclosure or representation about a collaborative law communication which prejudices another person in a proceeding may not assert a privilege under section 658G-17, but this preclusion applies only to the extent necessary for the person prejudiced to respond to the disclosure or representation.
Read the official text at capitol.hawaii.gov ↗as published Jan 6, 2026our copy taken Aug 20, 2026

Sections this one refers to

§658G-17 Keeping collaborative law talks private

LawTrove is not legal advice. The summary above is a computer-generated restatement — the authoritative text is the official version linked above.