Attorney Client Privilege

The Advantages of Contacting Opposing Counsel 34 Minutes After Inadvertent Disclosure of One Email

October 21, 2014 Josh Gilliland Document Review, Privilege Review

What happens when a lawyer inadvertently produces an email protected by the attorney-client privilege? A Magistrate Judges and District Court Judge orders the receiving party to destroy the inadvertently produced email. Iowa is the home of where John Atanasoff invented the first computer in 1939. It is also the home of[…]

Forensically Examining A Lawyer’s Computer

September 12, 2012 Josh Gilliland Electronically Stored Information, ESI, Hosted Review Platform, Imaging Hard Drives, Targeted Collection

In a dispute over a will and deed transfer, a New York State Court ordered the examination of a lawyer’s computer. The idea of an attorney’s computer being searched by third parties should scare lawyers to death. The attorney objected on the grounds the examination would violate the attorney-client privilege[…]

Status Messages and Client Confidences

April 29, 2009 Josh Gilliland Attorney Client Privilege, Blogging, Discovery, Duty of Care, e-Discovery, ethics, Facebook, Work Product Doctrine

Web 2.0 marketing is a highly effective way for lawyers to promote their services to prospective clients. Web 2.0 marketing is leveraging collaborative programs hosted over the Internet, such as social networking sites or Wikis, to provide content highlighting an attorney’s services. This form of marketing could also result in[…]