(a) A privilege under § 3–2009 of this subtitle may be waived in a record or orally during a proceeding if it is expressly waived by each party and, in the case of the privilege of a nonparty participant, the privilege is also expressly waived by the nonparty participant.
(b) A person that makes a disclosure or representation about a collaborative law communication that prejudices another person in a proceeding may not assert a privilege under § 3–2009 of this subtitle, but this preclusion applies only to the extent necessary for the person prejudiced to respond to the disclosure or representation.
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