article thumbnail

Discovery About Discovery – When Was Duty to Preserve Triggered?

E-Discovery LLC

In short, the court authorized discovery of privilege-log-type information, such as when plaintiff communicated with counsel prior to suit and the general subject-matter of those communications. However, it did not allow discovery of the privileged communications.

Discovery 130
article thumbnail

Privilege Waiver by: Disclosure to Therapist; and, in Rule 30(b)(6) Deposition Preparation

E-Discovery LLC

The issue presented was, where a plaintiff claims emotional distress damages and designates her therapist as an expert, did plaintiff waive the attorney-client privilege by disclosing A-C privileged communications in a therapy session that was otherwise protected by the psychotherapist-patient privilege?

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

A Request to File a Privilege Log Under Seal Was Denied

E-Discovery LLC

The court explained that: “Where other courts have assessed whether a privilege log should be sealed, they have refused to do so absent attestations that the privilege log reveals the substance of privileged communications.” Many courts have procedural rules or local rules that govern filing under seal.

Exhibits 130
article thumbnail

The Court is Prepared to Proceed: Are You?

The Barrister

THSCL covers topics unexperienced attorneys may be “familiar” with but lack a concrete understanding of such as relevancy, hearsay evidence, dead man’s statutes, and privileged communications. THSCL is authored by two renowned South Carolinians in the legal community: The Honorable Alexander M.

article thumbnail

“Attachments to Attorney-Client Communications May Be Withheld as Privileged, Without an Independent Basis for Privilege,” But….

E-Discovery LLC

The Linet Americas court described the competing positions: The producing plaintiff, “Linet argues attachments to privileged emails that sought legal advice are also privileged as part of that communication, but it also says 29 of the 33 attachments have been or will be produced ‘as they exist independently of the privileged communications.’”

article thumbnail

When is a Categorical Privilege Log Insufficient?

E-Discovery LLC

Over several months, the parties conferred about, among other things, “a privilege log with details sufficient to enable Defendants to evaluate Relator’s privilege claims.” It then wrote: There is no question that Relator’s privilege log fails to meet these requirements. at *3 (emphasis added).

article thumbnail

ABA Survey Results: How Lawyers Are Communicating Online in 2020

MyCase

” Despite the lack of encryption, according to the Report, a whopping 92% of lawyers reported that they had sent confidential or privileged communications/ documents via email. And, nearly half of those lawyers (49%), shared that they did so at least once every day.