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January 28, 2008

Given Up Any Privileged Data Lately, Turkey?

Link: Legal Technology - The Art of Redacting Privileged Data.Turkeyarrow I love this article by Kenton Hutcherson. It certainly is a cautionary tale for lawyers who are responding to electronic discovery requests. If you are doing this by yourself, and not hiring a computer discovery company to help, you are nuts. The tech is just too complicated and too new. While, in Florida, the mis-directed fax or unintended discovery error cannot ethically be read and used by the recipient, it is still not a smart idea to risk sending privileged materials to the other side. So, if you are sending electronic files; make sure they are vetted by somebody who knows what they are doing.

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