Allen Kathir, Alexander Hastings, and Edward Rippey, Preserving Privilege: Important Steps Before, and During, Discovery to Maximize Protections and Minimize Costs

Information Law Journal, Vol. 6, Issue 2, Autumn 2015

From the article

Privilege protections encourage full and candid communication between legal counsel and clients. These communications plainly serve a valuable role — but, protecting privileged communications during discovery can become one of the most time consuming and expensive elements of large-scale e-discovery projects. And, in many respects, the emphasis on computer-assisted review and cost containment during first- and second-line document reviews has largely outpaced the development of tools and techniques aimed at simplifying privilege review. Therefore, as with many e-discovery challenges, it is important to consider creative solutions to address privilege concerns. This article suggests certain approaches — before and during discovery — to help ensure that privileged materials are cost-effectively identified and protected.

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