Protecting attorney-client communications in connection with document discovery can be painful, expensive and prone to sideshow discovery disputes. Not all communications with legal counsel are privileged. Generally, only those communications primarily seeking or giving legal, as opposed to business, advice are protected and the underlying facts are not privileged. Privilege reviews and logs can be very expensive and getting them right the first time is critical to avoid the need to redo them. This presentation will provide guidance on what communications are actually covered by the attorney-client privilege, practical advice on negotiations with opposing counsel on privilege log parameters and how to use technology to craft less expensive privilege logs.
Recorded on day two of the Employment Law Institute in April 2022.