2 ms·
It's also not legally correct. Just putting the words "privileged and confidential" on a document and copying an in-house lawyer doesn't render it subject to pr
by nmfisher 5y ago
It's also not legally correct. Just putting the words "privileged and confidential" on a document and copying an in-house lawyer doesn't render it subject to privilege.
That being said, the practice is incredibly widespread. While it borders on unethical, I'm yet to see anyone actually penalized for slapping P&C on every e-mail willy-nilly. At worst, courts just rule that privilege doesn't apply and that a document must be produced.
Even that is rare, for obvious reasons (if opposing litigants don't even know a document exists, how can they argue that the "P&C" label wasn't legitimate?).
- bladegash 5y agoWithholding a document due to privilege has requirements, namely production of a privilege log. It should pretty much never be the case that an opposing party is unaware of a document’s existence due to privilege.