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Privilege Review

Privilege review is an important process through which attorneys review documents related to a discovery request in order to ascertain whether the documents contain information subject to attorney-client privilege and/or the work product doctrine. This review is a critical step to ensure these materials are not inadvertently distributed during the discovery process.

Managing Privileged Communications During Document Review
Managing privileged communications is a key aspect of document review, ensuring that confidential legal exchanges remain protected from inadvertent disclosure. Whether dealing with attorney-client privilege or the work product doctrine, a structured approach helps mitigate risks and maintains compliance with legal obligations. Best Practices for Managing Privileged Communications When handling sensitive legal documents, it is...
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When Is Work Product Waived Best Practices to Prevent Waiver
The work product doctrine is a cornerstone of legal practice, safeguarding materials prepared in anticipation of litigation from disclosure to adversaries. However, this protection is not absolute. Recent court decisions have illuminated circumstances under which work product protection can be waived, either inadvertently or intentionally. Understanding these nuances is crucial for legal practitioners aiming to...
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Best Practices for Preparing a Privilege Log
A privilege log is a critical document used in legal proceedings to identify information that is withheld on the grounds of privilege, such as attorney-client privilege or work-product doctrine. Preparing a privilege log effectively not only ensures compliance with legal standards but also withstands scrutiny from opposing parties and courts.  Understanding the Purpose of Preparing...
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Attorney-Client Privilege Beyond Communication The Work Product Doctrine
Confidentiality and privilege are critical safeguards that protect the interests of clients and ensure the integrity of legal proceedings. While many are familiar with the concept of attorney-client privilege, which protects direct communications between a client and their attorney, fewer understand the broad protections offered by the work product doctrine. This doctrine goes beyond communication,...
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Joint Defense vs Common Interest Navigating Legal Privileges
In complex legal matters involving multiple parties, maintaining confidentiality and attorney-client privilege while collaborating on a common defense strategy is important. Two key doctrines that facilitate such collaboration are the Joint Defense Privilege and the Common Interest Doctrine. While these terms are often used interchangeably, they have distinct applications in legal practice, particularly concerning how...
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Protecting Legal Strategies Understanding the Work Product Doctrine
Safeguarding the strategies and thought processes involved in case preparation allows attorneys to preserve the integrity of their case preparations. The work product doctrine serves as a pivotal legal principle in this context, providing attorneys with a shield to protect their preparatory materials from disclosure during litigation. Understanding this doctrine is essential for legal professionals...
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Recognizing Privileged Communications in Litigation
When the attorney-client privilege is recognized and applied correctly, it can be a powerful tool. The privilege can help facilitate full disclosure of clients’ legal needs and allow attorneys to adequately represent those needs. Unfortunately, there is sometimes confusion about what constitutes privileged communication. This can result in the privilege being misapplied or inadvertently waived....
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Critical Information in a Privilege Log
A privilege log is a document that lists all privileged or confidential information that a party is withholding from production in response to a discovery request in litigation. In essence, it is a record of information that the party has deemed confidential or privileged and thus, will not produce to the opposing party. This document...
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Significance-Attorney-Client-Privilege-Review
Attorney-client privilege is among the most important features of the relationship between lawyers and clients. It allows free and open communication about legal matters. The U.S. Supreme Court recognized the importance of this privilege in a 1981 decision, Upjohn Co. v. United States, finding that “sound legal advice or advocacy serves public ends and that…[this]...
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Understanding and Identifying Privileged Communications
Privileged communications include conversations and statements made during confidential interactions between two parties. These parties, by law, must fall into the classification of those entitled to a private and protected relationship. Neither party can be forced to disclose these communications, and the communications cannot be compelled for use as evidence in court. To ensure such...
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