THE ATTORNEY-CLIENT PRIVILEGE
AND DISCOVERY OF ELECTRONICALLY STORED
The attorney-client privilege is the most sacred and important
privilege in our legal system. Despite being at the center of daily
practice, the privilege still remains a mystery for many lawyers.
This is primarily because the privilege is not absolute, and there
are certain actions or non-actions that may waive it.
The application of the privilege is further complicated by
electronic discovery, which has both benefits and drawbacks. On
one hand, it has made the practice of law more efficient. On the
other hand, it has made it easier to inadvertently waive the
attorney-client privilege in response to a discovery request. This
iBrief examines attorney-client privilege issues that may arise
during e-discovery, and provides practical guidelines for attorneys
responding to e-discovery requests.