More Privilege Articles

Privilege

The Worrisome Nature of “Discovery About Discovery”

Aggressive plaintiffs sometimes try to generate a “side show” by challenging corporate defendants’ discovery responses (usually their document productions).

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Privilege

Do Not Forget the Consequences of Judges’ Role in Assessing Privilege Protection

In both the federal and state judicial systems, judges assess privilege and work product protection claims — sometimes coordinating with judges at other levels. But there is a lurking unspoken risk that some lawyers may overlook.

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Privilege

Educate Your Clients About Two Basic Privilege Misperceptions

Attorney-client privilege protection depends on a communication’s content — which must be primarily motivated by the client’s request for legal advice.

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