A document protected by attorney-client privilege may be disclosed to a third party only in limited and clearly defined circumstances, without resulting in a waiver of such protection. Whether privilege is waived depends on the facts and circumstances of each case and is typically assessed by the courts on a case-by-case basis.

Privileged communications remain protected unless the party voluntarily questions their advocate/attorney as a witness on matters that would otherwise be considered privileged. Additionally, certain disclosures to third parties, such as to government authorities through seizure or investigation, do not automatically constitute a waiver of privilege. In such instances, courts may still recognize and uphold the privileged nature of the documents, depending on the context and purpose of the disclosure.

Any waiver of privilege should be made by the client, and such waiver should be explicit and complete. The BSA does not permit partial or selective waivers. This principle was upheld by the Supreme Court in Reliance Industries Limited v. SEBI [2022], where the court held that selective disclosure amounts to "cherry-picking" and is not permissible under law.