Ethics/Professional Responsibility
Nov. 22, 2014
Beware inadvertent production of privileged documents
It is a fact of modern day discovery, particularly when many electronically stored documents are involved, that privileged documents are sometimes produced by accident to the opposing party. By Michael J. Kump
It is a fact of modern day discovery, particularly when many electronically stored documents are involved, that privileged documents are sometimes produced by accident to the opposing party.
Because the attorney-client privilege belongs to the client, an attorney's inadvertent disclosure of confidential communications in discovery does not constitute a waiver unless there is clear evidence the client intended to waive the privileg...
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