In the United States disclosed Expert witnesses may not be covered under the Kovel Standard, depending on the Court and the nature of their work, and their involvement in the legal advice process.
[13] Lawyers may disclose confidential information relating to the retainer where they are reasonably seeking to collect payment for services rendered.
Previously confidential communications between the lawyer and testator may be disclosed in order to prove that a will represented the intent of the now deceased decedent.
In many instances, the will, codicil, or other parts of the estate plan require explanation or interpretation through other proof (extrinsic evidence), such as the attorney's file notes or correspondence from the client.
In certain cases, the client may desire or consent to revelation of personal or family secrets only after his or her death; for example, the will may leave a legacy to a paramour or a natural child.
If the case is brought to the federal court under diversity jurisdiction, the law of the relevant state will be used to apply the privilege.
[15] FRE 502(b) provides that inadvertent disclosures during a federal proceeding or to a federal office or agency do not act as a waiver of the privilege if the holder of the privilege "took reasonable steps to prevent disclosure" in the first place and "promptly took reasonable steps to rectify the error.
"[16] Parties cannot merely state that they took "reasonable steps to prevent disclosure," instead they must give the court a detailed account of the procedures they took.
[17] Further, merely sending a letter demanding the return of privileged documents after discovering their inadvertent disclosure may not satisfy the requisite prompt response required.