High Stakes of Attorney-Client

The High Stakes of Attorney-Client Privilege in the Digital Age: eDiscovery Best Practices

In the digital age, you can’t underestimate the high stakes of attorney-client privilege. Nextpoint discusses that in the first of a three-part series here!

As discussed in this blog post from Amanda Fong titled (wait for it!) The High Stakes of Attorney-Client Privilege in the Digital Age (available here), in today’s digital-first legal world, safeguarding attorney-client privilege is more challenging than ever.

Picture this: You’re in the middle of a high-stakes case. Your paralegal accidentally shares a link to your case files. Within hours, opposing counsel has access to two years of confidential communications. Sound like a nightmare? For Alex Jones’ legal team, it was reality, and it contributed to a $45.2 million judgment.

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Attorney-client privilege is the bedrock of our legal system. As the U.S. Supreme Court noted in Upjohn Co v. United States, “The attorney-client privilege is the oldest of the privileges for confidential communications known to the common law.”

So, why does this matter more than ever? Why has digital evidence changed everything? And how are inconsistent rules contributing to the challenge? Find out here, it’s just one more click! Don’t worry, their post isn’t privileged! 😉

So, what do you think? What is your organization doing to protect privilege of attorney-client communications? Please share any comments you might have or if you’d like to know more about a particular topic.

Image created using Microsoft Designer, using the term “robot lawyer at a poker table shoving all its chips into the middle of the table”.

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Disclosure: Nextpoint is an Educational Partner and sponsor of eDiscovery Today

Disclaimer: The views represented herein are exclusively the views of the authors and speakers themselves, and do not necessarily represent the views held by my employer, my partners or my clients. eDiscovery Today is made available solely for educational purposes to provide general information about general eDiscovery principles and not to provide specific legal advice applicable to any particular circumstance. eDiscovery Today should not be used as a substitute for competent legal advice from a lawyer you have retained and who has agreed to represent you.


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