This article looks at recent case developments concerning document retention and legal advice privilege.
Reviewing Policies
Many companies will be viewing the latest bout of tobacco or obesity litigation and wondering whether such cases will affect them. Even if the subject matter may not be directly applicable to your company, the cases are showing that it is of great benefit to review the company's document
retention policies.
Legal Advice Privilege
Normally legal advice privilege has meant that documents need not be disclosed in later litigation. The rules of 'privilege' have been recently re-examined by the courts in the Phillip Morris US case [United States of America v. Phillip Morris & BAT, QBD. Lawtel 10.12.03]. In 1985 the volume of tobacco litigation was increasing in the US. British American Tobacco (BAT) wanted to put its house in order because of 'a general apprehension of future litigation'. They believed there was a 'distinct possibility' that sooner or later BAT
