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August 20, 2007
Let’s Not Abuse the Privilege

Attorneys hide too often behind cloak of confidentiality in discovery disputes No less an authority that Thomas Jefferson has been credited with stating "It is the trade of lawyers to question everything, yield nothing, and to talk by the hour." Though many of us may take umbrage, Jefferson's words often ring true. It seems axiomatic to most practitioners that knowledge of the attorney-client privilege is one of the fundamental aspects of the practice of law.  Notwithstanding, the invocation of the privilege seems to be fertile ground for an increasing number of discovery disputes, as attorneys battle over privilege logs which purportedly contain insufficiently designated or abjectedly inappropriate items….

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