Extract from H5’s article “Privilege Workflows Give Way to Automation with H5 Matter Analytics®”
Among the most challenging, time-consuming and expensive aspects of a document review for production is ensuring that potentially privileged documents — certain communications between lawyer and client or attorney work product with content deemed confidential — aren’t swept into the production pile. Although legal avenues exist to claw back inadvertently produced documents subject to privilege, it may not be possible and in any case, since the documents cannot be “unseen” by the opposing party, the damage is usually done.
