Ethics in E-Discovery: Part 3 of 4 |
Inadvertent disclosure of privileged information in discovery has become more commonplace as document productions grow more voluminous due to increasing use of electronic means of communication.
More and more lawyers are being called upon – or more appropriately compelled – to produce millions of documents that at some point earlier in time were disorganized, existed only on computer hard drives and/or backup tapes, or had never before been put in a physical form.
Lawyers not only have to deal with the sheer volume, but also with court rulings that sometimes hold that an inadvertent production of privileged documents constitutes a subject matter waiver as to an entire document collection. Consequently, there is tremendous pressure on the privilege holder to review all data for privilege.
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