attorney-client privilege Archives

Jason Krause

Courts Agree: It’s Easy to Waive Your Attorney Client Privilege

Courts Agree: It’s Easy to Waive Your Attorney Client Privilege https://www.nextpoint.com/wp-content/uploads/2012/09/Attorney-Client-Privilege-e1574702313288.jpg 1000 640 Jason Krause Jason Krause https://secure.gravatar.com/avatar/85414bfcf5ffa24f429e1eecaa76d96f?s=96&d=mm&r=g September 26, 2012 November 14, 2021

Defending privileged documents in eDiscovery is not easy. (See our recent post, “Why Lawyers Are So Bad at Protecting Privilege.”) The right to private communication is vital to the practice of law, but, with the explosion of digital evidence in litigation, lawyers are finding it increasingly hard to protect every single piece of attorney-client work…

Jason Krause

Privilege Waiver: You Can’t Unscramble Those Eggs

Privilege Waiver: You Can’t Unscramble Those Eggs https://www.nextpoint.com/wp-content/themes/fildisi/images/empty/thumbnail.jpg 150 150 Jason Krause Jason Krause https://secure.gravatar.com/avatar/85414bfcf5ffa24f429e1eecaa76d96f?s=96&d=mm&r=g September 18, 2012 October 20, 2020

In theory, protecting your privileged attorney-client work product should be a straightforward and simple matter. In a new ruling out of Ohio, Inhalation Plastics, Inc. v. Medex Cardio-Pulmonary, Inc., (S.D. Ohio Aug. 28, 2012), all the defendants had to do was mark documents as confidential, and make sure not to produce them to opposing counsel.…