Wednesday, November 5, 2008

50 ways to lose attorney-client privilege

Inspired by this tweet from Josh Bancroft. I might not really get to fifty...

  • The classic "shield not sword" argument applies when you disclose partial documents that would otherwise be privileged to prove how awesome your case is.
  • Similarly, talking about privileged communications in a way that makes them part of the dispute will waive the privilige, because those communications are now "at issue" in the litigation.
  • Perform an internal investigation into potential patent infringement before retaining outside counsel.
  • Loop people into emails about pending litigation.
  • Engage in shenanigans around your preservation process during discovery
  • Engage in shenanigans, generally, and then cooperate with the Feds to save your ass.
  • The Yale Law Journal appears to be having some server problems, but they've got an article about Contractual Waiver of Privilege if they ever get back on the interwebs.
  • Sixteen Ways to Waive Attorney Client Privilege from the Government Contracts Blog.
  • As might be expected, ACPrivilege.com, a clearinghouse maintained by Professor Paul Rice from American University, has a bunch of articles and resources. Sadly, since his big fancy book was published, he appears uninterested in keeping any information up to date, so this contains resources up to 2000 and not much else. Still, there's a bundle of reading.

    I think that'll do for now. :)

  • No comments: