Privilege

Discovery

Thomas E. Spahn | McGuireWoods LLP

It should go without saying that sending pre-existing historical documents to a lawyer does not automatically immunize them from discovery as privileged. If it did, clients could box up all of their files and send them to a lawyer ― thus avoiding the documents’ discovery.

Privilege

Thomas E. Spahn | McGuireWoods LLP

The common interest doctrine can allow separately represented clients to avoid the normal privilege waiver implications of sharing privileged communications. But the doctrine is unpredictable and therefore risky.

Privilege

Thomas E. Spahn | McGuireWoods LLP

Courts analyzing privilege assertions for email threads often look for some indicia of that protection on the face of those emails. Thomas Spahn, partner with McGuireWoods, offers insight in his latest Privilege Point.