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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.

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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Common Issues While Reviewing Potentially Privileged Documents Discovery
The Federal Rules of Civil Procedure and many states’ rules allow respondents to withhold information requested through discovery by asserting the information is protected by privilege. However, several potential issues can arise during the review process for privileged documents. Background. In order to identify relevant and privileged documents, reviewers need to have enough background on...
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Joint Defense Privilege Benefits and Risks
Attorneys representing different parties sometimes need to collaborate and share information to further the representation of their clients. When that information would otherwise be protected by the the work-product doctrine or attorney-client privilege, the benefits and potential risks associated with joint defense privilege (also called the common interest doctrine) should be considered. The Potential Advantages...
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Understanding the Importance of Attorney Client Privilege Review
Privilege review is one of the most important steps an attorney takes to keep privileged information from being disclosed during the discovery process. The attorney client privilege protects the confidentiality of communications between an attorney and client, and it is imperative to understand the importance of a comprehensive review. Privilege Review Failures Are Costly It...
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what is the work product doctrine
Privilege review is an important and necessary step in preparing for litigation. Privilege review serves to protect documents that are not legally discoverable, either because the client is asserting the attorney-client privilege, or because the documents fall under the protections afforded by the work product doctrine. Work Product Doctrine VS Attorney-Client Privilege Although the two...
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common misconceptions about outsourcing legal privilege services
Outsourced legal privilege services, including privilege review and privilege log drafting, continue to grow in popularity with law firms looking for a convenient, secure, and cost-effective alternative to handling privilege-related matters in-house. However, despite the growing use of these services, we encounter several common misconceptions. Misconception #1: Privilege Logs Won’t Meet Requirements Some firms are...
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