Privilege

Privilege

Thomas E. Spahn | McGuireWoods LLP

As in other areas, a privilege analysis should always start with a choice of law assessment. In federal courts, federal common law governs federal question cases' privilege issues. In diversity cases, many federal courts reflexively apply their host jurisdiction's privilege law. This is wrong.

Privilege

Thomas E. Spahn | McGuireWoods LLP

Lawyers should remind their clients that copying a lawyer on an email does not automatically render the email privileged. But the story doesn't end there.

Privilege

Thomas E. Spahn | McGuireWoods LLP

The attorney-client privilege protects communications between clients and their lawyers. But in certain admittedly limited circumstances, the protection can apply to documents created by someone who has not yet hired a lawyer.