Nothing causes litigators greater anxiety than the possibility of doing, or failing to do, something during a civil case that waives attorney– client privilege or work-product protection. Attend any seminar, webcast, podcast, or other continuing legal education course dealing with the discovery of electronically stored information (“ESI”) and you are sure to hear about this concern and how to mitigate it.
Paul W. Grimm, Lisa Y. Bergstrom & Matthew P. Kraeuter,
Federal Rule of Evidence 502: Has It Lived Up to Its Potential?,
Rich. J.L. & Tech
Available at: http://scholarship.richmond.edu/jolt/vol17/iss3/2