ARTICLE · 01 AUGUST 2006

Pre-Deposition Review of Privileged Document Does Not Create Automatic Waiver

Chadbourne & Parke LLP

The hunt for privileged documents in litigation is in some ways like the search for the Holy Grail -- an extended and difficult quest. The issue often arises, and is at its thorniest, when lawyers are forced to give testimony in cases, which is what happened in "In re: Managed Care" -- where the issue was whether an in-house lawyer’s review of a privileged document in preparation for his 30(b)(6) deposition created an automatic waiver of the attorney-client privilege. The court said no.

United StatesLitigation, Mediation & Arbitration

Robert Conrad

David Wallace

See

In re:Managed Care Litigation,415 F.Supp.1378 (S.D. Fla.2006)

The hunt for privileged documents in litigation is in some ways like the search for the Holy Grail -- an extended and difficult quest. The issue often arises, and is at its thorniest, when lawyers are forced to give testimony in cases, which is what happened in In re: Managed Care -- where the issue was whether an in-house lawyer’s review of a privileged document in preparation for his 30(b)(6) deposition created an automatic waiver of the attorney-client privilege. The court said no.

Lawyer Was 30(b)(6) Representative

In response to a Rule 30(b)(6) subpoena served by defendants on the American Medical Association (a non-party) requesting testimony about "[a]ny actual or contemplated litigation against any Defendant, including, but not limited to Your assessment o[f] whether to participate as a party in any case consolidated in In re: [M]anaged Care Litigation," the AMA produced an internal lawyer as its

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Pre-Deposition Review of Privileged Document Does Not Create Automatic Waiver

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