Privilege

Privilege

McGuireWoods LLP

Attorney-client privilege protection depends on a communication’s content — which must be primarily motivated by the client’s request for legal advice.

Privilege

McGuireWoods LLP

Last week’s Privilege Point described one court’s incredible requirement that litigants identify everyone who learned of a withheld document’s content — even if they were not shown as a recipient.

Privilege

McGuireWoods LLP

All or nearly all courts require litigants to log documents withheld on privilege or work product grounds (with an exception discussed next week). But they disagree about what the log should include — with some courts taking an unrealistically expansive view.