Tag Archives: Privilege Documents

#11 Pretrial Agreements – Production Does Not Waive the Privilege

Production Does Not Waive the Privilege. One of the major hindrances to quick and efficient production of documents is most attorneys’ fear of producing privileged documents.  This fear can lead to overly long and detailed privilege reviews and production of massive privilege logs. The case law on waiver of privilege can be an obstacle to efficient document production.  Counsel fear that if they let one potentially privileged document slip into their document production, they will then be faced with an argument for a very broad waiver. Some jurisdictions permit snap back of privileged documents, but snap back rules sometimes are …

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#12 Pretrial Agreements – Select up to 20 Documents from the Other Side’s Privilege Log for In Camera Inspection

Each Side May Select up to 20 Documents from the Other Side’s Privilege Log for In Camera Inspection. As document productions have gotten larger in complex cases, so have privilege logs.  It is not all that unusual anymore to see privilege logs in excess of 100 pages.  When faced with such a log, we have found that the best practice is to select 20 documents which, based on the log descriptions, appear to be the most relevant documents to which there potentially is not an applicable privilege, and request the Court to determine whether there is an applicable privilege.  Therefore, …

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