Maintaining the attorney-client privilege is a basic necessity for effective representation. Attorneys take routine precautions to maintain the privilege and prevent disclosure, including labeling certain communications as privileged. But sometimes, the worst still happens. Sometimes, privileged materials are disclosed or produced inadvertently.
In modern litigation, even the most careful attorney can inadvertently produce privileged materials. The technology through which attorneys conduct document production is good, but not perfect. Despite best efforts, human error can result in disclosure of privileged materials. Inadvertent disclosure is one of those nightmares that keeps attorneys up at night.
