March 01, 2018 Feature

A Modest Proposal to Address the Costs of the Attorney-Client Privilege

Let's make all privilege-protected documents discoverable and adjuticate only whether they will be admissible into evidence.

Edna Selan Epstein

I doubt that there are cows more sacred than the attorney-client privilege. I also doubt that many other litigated matters clamor as repeatedly and as insistently for adjudication. I even doubt that any other adjudicated matter regularly devours more attorney time and judicial resources. And I doubt that all the resources spent on adjudicating and allegedly protecting that sacred cow are well spent. Hence a modest proposal: Make all privilege-protected documents discoverable. Adjudicate only whether any privilege-protected document will be admissible into evidence.

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