Just a few questions about waiver...

1.    Why was the distinction drawn in von Bulow II between extrajudicial disclosure of privileged material, which does not constitute waiver of all privileged communications, and partial disclosure in judicial proceedings, which can constitute waiver of the whole?

2.    The doctrine of waiver through putting in issue is intended to keep someone from using the privilege selectively to create a one-sided picture by revealing only positive attorney-client communications and asserting the privilege with respect to negative communications.  Once the issue of attorney-client communications has been brought up, everything is put in the open to get a balanced view of the matter.  But doesn’t the unforgiving nature of the doctrine encourage clients to be too tight-lipped.  Isn’t some information (even one-sided information) better than no information at all?