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The Researching Paralegal

Tag Archives: Privilege and Confidentiality

Bye, Bye Privilege! What Happens When You Take No Reasonable Steps To Prevent Disclosure.

18 Wednesday Jun 2014

Posted by Celia C. Elwell, RP in Attorney Work Product, Attorney-Client Privilege, Discovery, Document Review, E-Discovery, Federal Rules of Discovery, Requests for Production

≈ Comments Off on Bye, Bye Privilege! What Happens When You Take No Reasonable Steps To Prevent Disclosure.

Tags

Attorney Work Product, Attorney-Client Privilege, Discovery, E-Discovery, Inadvertent Production, K&L Gates, Privilege and Confidentiality, Request for Production, Rule 502(B)

Think Fast—But Not Too Fast: Privilege Waived for Failure to Take Reasonable Steps to Prevent Disclosure, published by K&L Gates

http://tinyurl.com/khbymml

First Tech. Capital, Inc. v. JPMorgan Chase N.A., No. 5:12-CV-289-KSF-REW, 2013 WL 7800409 (E.D. Ky. Dec. 10, 2013)

In this case, the court found that privilege was waived where First Technology Capital, Inc. (‘FTC’*), through counsel, failed to take reasonable steps to prevent the inadvertent disclosure of privileged materials.  The court’s determination that counsel’s efforts were unreasonable was based, in part, on the speed of the alleged page-by-page review (each document received, on average, only 9.84 seconds of review) and FTC’s failure to produce a privilege log, among other things. . . .

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Deposition Objections – What’s Proper and What’s Not.

24 Saturday May 2014

Posted by Celia C. Elwell, RP in Depositions, Discovery, Objections

≈ Comments Off on Deposition Objections – What’s Proper and What’s Not.

Tags

Compound Questions, Deposition Objections, Hearsay, Lawyerist Blog, Privilege and Confidentiality, Relevancy, Speculation, Susan Minsberg

Proper Deposition Objections, by Susan Minsberg, Lawyerist Blog

http://lawyerist.com/16801/proper-deposition-objections/

Whether you are defending (or taking) your first or your hundredth deposition, you must be ready to handle objections. That means knowing which objections are proper and which are not. Once you know, you can keep the deposition proceeding smoothly — and avoid embarrassing yourself. . . .

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Judge Sparks on Fire — Again.

23 Saturday Nov 2013

Posted by Celia C. Elwell, RP in Depositions, Discovery, Judges, Legal Writing, Subpoenas, Texas Supreme Court

≈ Comments Off on Judge Sparks on Fire — Again.

Tags

Above the Law (blog), David Lat, Depositions, Discovery, Judge Sam Sparks, Law Practice, Privilege and Confidentiality, Subpoenas, U.S. District Court for the Western District of Texas

Benchslap of the Day: Judge Sparks Burns More Attorneys , by By David Lat, Above the Law

http://tinyurl.com/45y5v3z

Mr. Lat shared this excerpt from the Judge’s Order:

[J]udge Sparks invited lawyers to a hearing that he referred to as a ‘kindergarten party.’ According to the ‘invitation’ — er, order — ‘[t]he party will feature many exciting and informative lessons, including… how to enter into reasonable agreements about deposition dates [and] how to limit depositions to reasonable subject matter.’ The event is aimed at lawyers who ‘are unable to practice law at the level of a first year law student.’

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