Privilege, Work Product And Confidentiality -Understanding the meaning

The best policy for not producing or inadvertently sending privileged information is not to have privileged information in writing, when possible. Face-to-face or land-line telephonecommunications are the best methods to ensure that privileged information will not be compromised. But there will be some instances where this is not possible or privileged material is received. Having appropriate policies and procedures in place that can help identify privileged material for ease of access, enhanced security, and appropriate disposition is necessary. Remember, once a document is in writing, it is subject to discovery. All records have a useful life. Be sure that privileged records are identified within the retention schedules so they may be effectively removed, deleted or destroyed pursuant to the retention policy, or preserved, if necessary.


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