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[quote=Anonymous][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]

+1. Another litigator here. Internal emails among exclusively lawyers (even if in-house lawyers) are not something that “many times” end up discoverable.[/quote]

Over the course of my career I have seen “many times” emails the lawyers believed would never be in discovery, end up in discovery. Examples: fiduciary duty lawsuits, malpractice lawsuits, emails that ended up getting forwarded outside the original chain, emails that ended up getting new people added including an underlying email down chain, and, of course, emails that simply shouldn’t have been produced but were anyway due to doc review fck up. [/quote]

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