Electronic Communications And Their Discontents

Reprinted with permission from CNet.com.

Attorneys, legal scholars and the courts are governed by a latticework of legal rules created long before the advent of the electronic age. Now all concerned find themselves forced to adapt to changes brought by computer technology.

That dilemma was highlighted during a recent court case--but first, a few definitions.

In litigation, one side in a dispute is not required to turn over to the other side any documents that contain privileged communications between attorney and client. The decision not to produce such materials must be documented in what the legal profession calls a privilege log.

For each withheld document, enough information must be included on the log so the opposing side can understand or test whether it was properly withheld. A typical privilege log entry will provide relevant information about each document without divulging the privileged or work product substance. So, for instance, you would find items such as the