Which of the following is NOT a way to waive a privilege?

The correct answer is that confidential communication with an attorney is not a way to waive a privilege. In fact, communications made in confidence with an attorney are typically protected under the attorney-client privilege. This privilege exists to encourage open and honest communication between clients and their attorneys, allowing clients to disclose all pertinent information without fear that it will be revealed to outside parties.

In contrast, failure to claim the privilege, voluntary disclosure by the privilege holder, and a contractual provision waiving privilege are all actions that can result in the waiver of that privilege. If a privilege holder fails to assert the privilege when it is first claimed, they may be seen as relinquishing that right. Similarly, when a privilege holder voluntarily discloses privileged information, that typically constitutes a waiver. A contractual provision specifically stating the waiver of privilege expressly indicates the holder's intent to relinquish that protection. Therefore, the only option that does not fit as a method of waiving privilege is the confidential communication with an attorney, as such communication is designed to maintain the privilege, not to waive it.