As a general rule, there are no such circumstances. If documents compiled by a lawyer are sent to a third party (e.g., a foreign lawyer or even a client), the legal privilege is no longer applicable. Thus, only documents in the exclusive possession of a lawyer can be privileged. This is due to the fact that "privilege" actually results from professional confidentiality regulations. If a document is sent to a third party (which is only allowed with the client's consent), who in turn is obliged to maintain secrecy (e.g., another German lawyer), the document will fall under the confidentiality obligations of the third party.

As a consequence of the different legal background, there is no concept of waiver like in the Anglo-American system. Yet, the client may release the lawyer from the obligation of confidentiality. In this case, the lawyer is no longer entitled to refuse testimony and has to divulge the corresponding documents.

However, there are significant exceptions to that rule in relation to documents that relate to a defense to alleged criminal or regulatory offenses.