Massachusetts Guide to Evidence 2025 Edition MA R EVID § 523

(a) Who Can Waive. A privilege holder or the holder's legally appointed guardian, administrator, executor, or heirs can waive the privilege.

(b) Conduct Constituting Waiver. Except as provided in Section 524, Privileged Matter Disclosed Erroneously or Without Opportunity to Claim Privilege, a privilege is waived if the person upon whom this Article confers a privilege against disclosure

(c) Conduct Not Constituting Waiver. A person upon whom this Article confers a privilege against disclosure does not waive the privilege if