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Yes - the right way to avoid discovery is in-person meetings, telephone calls, and discussions with your lawyer cced. I find it pretty understandable that poli

Yes - the right way to avoid discovery is in-person meetings, telephone calls, and discussions with your lawyer cced. I find it pretty understandable that politicians would end up with the personal and professional blurred together to be honest - it's not really a job that lends itself to a clear distinction between the two. You can't really separate the Obama Presidency from Obama.

ericjmorey 2y ago
Copying your lawyer on an email with a third party does not make that email privileged communication subject to attorney client privilege.
papercrane 2y ago
CC'ing the lawyer is popular, but probably counter productive. Just including your lawyer in the email chain doesn't make the email privileged and it's a good signal that there is something in the email you don't want found.
Ntrails 2y ago
> and discussions with your lawyer cced. That one weird trick which does not really work
darth_avocado 2y ago
The only way to avoid discovery is to not get caught. Pretty much everything else can be used against you.
bryanrasmussen 2y ago
>Yes - the right way to avoid discovery is in-person meetings, telephone calls, and discussions with your lawyer cced.Yes - the right way to avoid discovery is in-person meetings, telephone calls, and discussions with your lawyer cced. Hey, Joey, we still gonna whack that guy tonight? CC'ing my lawyer here like I always do when we're planning to murder guys.
eadler 2y ago
This doesn't work. As an example: > As for “flagrant misuse of the attorney-client privilege,” that refers to Google’s “Communicate with Care” initiative. Google trained its employees to add its in-house lawyers on “any written communication regarding Rev Share [RSA] and MADA.” ... It also instructed that, when “dealing with a sensitive issue” via email, to “ensure the email communication is privileged” employees could add a “lawyer in [the] ‘to’ field,” “mark ‘Attorney/Client Privileged,” and “ask the lawyer a question.” ... Google employees assiduously followed that advice... As a result, Google’s outside counsel in this case initially withheld tens of thousands records on the grounds of privilege, which ultimately were rereviewed, deemed not privileged, and produced to Plaintiffs... This creation of faux privileged materials, Plaintiffs contend, “demonstrates that Google intended to harm competition through its contracting practices and its supposed procompetitive justifications were simply pretext.” ... UNITED STATES OF AMERICA v. GOOGLE LLC (1:20-cv-03010) (citations omitted)

ericjmorey 2y ago

Copying your lawyer on an email with a third party does not make that email privileged communication subject to attorney client privilege.

papercrane 2y ago

CC'ing the lawyer is popular, but probably counter productive. Just including your lawyer in the email chain doesn't make the email privileged and it's a good signal that there is something in the email you don't want found.

Ntrails 2y ago

> and discussions with your lawyer cced. That one weird trick which does not really work

darth_avocado 2y ago

The only way to avoid discovery is to not get caught. Pretty much everything else can be used against you.

bryanrasmussen 2y ago

>Yes - the right way to avoid discovery is in-person meetings, telephone calls, and discussions with your lawyer cced.Yes - the right way to avoid discovery is in-person meetings, telephone calls, and discussions with your lawyer cced. Hey, Joey, we still gonna whack that guy tonight? CC'ing my lawyer here like I always do when we're planning to murder guys.

eadler 2y ago

This doesn't work. As an example: > As for “flagrant misuse of the attorney-client privilege,” that refers to Google’s “Communicate with Care” initiative. Google trained its employees to add its in-house lawyers on “any written communication regarding Rev Share [RSA] and MADA.” ... It also instructed that, when “dealing with a sensitive issue” via email, to “ensure the email communication is privileged” employees could add a “lawyer in [the] ‘to’ field,” “mark ‘Attorney/Client Privileged,” and “ask the lawyer a question.” ... Google employees assiduously followed that advice... As a result, Google’s outside counsel in this case initially withheld tens of thousands records on the grounds of privilege, which ultimately were rereviewed, deemed not privileged, and produced to Plaintiffs... This creation of faux privileged materials, Plaintiffs contend, “demonstrates that Google intended to harm competition through its contracting practices and its supposed procompetitive justifications were simply pretext.” ... UNITED STATES OF AMERICA v. GOOGLE LLC (1:20-cv-03010) (citations omitted)