More Privilege Articles

Discovery

Sending Pre-Existing Historical Documents to a Lawyer Does Not Make Them Privileged, But…

It should go without saying that sending pre-existing historical documents to a lawyer does not automatically immunize them from discovery as privileged. If it did, clients could box up all of their files and send them to a lawyer ― thus avoiding the documents’ discovery.

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Privilege

Common Interest Doctrine Participants Must Agree on the Doctrine's Applicability

The common interest doctrine can allow separately represented clients to avoid the normal privilege waiver implications of sharing privileged communications. But the doctrine is unpredictable and therefore risky.

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Privilege

Dartmouth Strikes Out on Privilege Claim for Email Threads

Courts analyzing privilege assertions for email threads often look for some indicia of that protection on the face of those emails. Thomas Spahn, partner with McGuireWoods, offers insight in his latest Privilege Point.

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