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Reply to "Any lawyers on? When you’re emailing or messaging with other lawyers, do you ever discuss potentially sensitive issues?"
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[quote=Anonymous][quote=Anonymous][quote=Anonymous]I am really, really careful about this due to how many times I have, as a litigator, found smoking guns in emails. Privilege isn't always relevant to my sensitivity on this, because it is not absolute. I've worked on several cases where documents the lawyers believed at the time would be protected by privilege ultimately weren't. [/quote] I can only assume you mean non lawyer emails. Obviously. Different animal [/quote] Privilege is not absolute. And just because an attorney believed an email was privileged at the time doesn't mean a judge will agree during in camera review. I'm an attorney, and I am careful about what I put into emails. If I think something could be misconstrued, it's a phone call.[/quote]
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