Kelly Twigger, eDiscovery Assistant: #CaseoftheWeek Episode 56: Analysis of Notes to Determine Attorney-Client Privilege

Extract from Kelly Twigger’s article “#CaseoftheWeek Episode 56: Analysis of Notes to Determine Attorney-Client Privilege”

Episode 56 is an analysis of the decision in Diamond Resorts U.S. Collection Development vs. U.S. Consumer Attorneys. In this #CaseoftheWeek, we analyze whether attorney notes captured in a makeshift CRM application are protected from production under the traditional attorney-client privilege umbrella. 

Good morning, and welcome to our #CaseoftheWeek for February 8th, 2022. My name is Kelly Twigger. I am the CEO and founder of eDiscovery Assistant and the Principal at ESI Attorneys. I’m so happy to be here with you today. Thanks so much for joining me.

Each week, as you know, through our partnership with ACEDS, we choose a recent decision from the eDiscovery Assistant case law database and that highlights key issues for litigators and those involved in the eDiscovery process and talk about the practical implications of that decision for you, your practice and your clients. One of the things to think about here is we’ve been having a lot of discussions lately in the eDiscovery space about whether eDiscovery is just for eDiscovery practitioners or whether it’s really for all litigators. I would advocate that it is really for all litigators, especially the things we’re going to talk about today with regard to attorney-client privilege and those implications that need to be thought about at the beginning of the case.

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