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No Communication, No Privilege

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September 9, 2020

What constitutes a privileged communication? This Today’s General Counsel article considers some of the complexities and the light that may be shed on this question by some recent and not so recent court decisions. One finding: Parties that have attempted to claim privilege for written notes on a document that had been reviewed by an attorney were not successful. “Written notes, whether on contracts or simply in a journal, do not become privileged communications until conveyed to a client or lawyer.”

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