Belated Assertion of Privilege: Proposed Rule 26(b)(5)(B)
(B) Privileged information produced. When a party produces information without intending to waive a claim of privilege it may, within a reasonable time, notify any party that received the information of its claim of privilege. After being notified, a party must promptly return, sequester, or destroy the specified information and any copies. The produc-ing party must comply with Rule 26(b)(5)(A) with regard to the information and preserve it pending a ruling by the court.
Lawyer’s privilege, what is it – ability to counsel our client’s in secret without the law intruding; what happens when a secret leaks out; how is the lawyer’s ability to counsel in secret affected by digital communication and judicial discovery?
thanks to lexis-nexis applieddiscovery.com