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My favorite office activity: canceling meetings.
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I think you just get used to that possibility after a while. Every doc review I’ve been involved with has had clawbacks and people generally aren’t trying to play the blame game in my experience.
This is also why there are multiple levels built in. Errors are planned on.
A couple things that may ease your mind.
1. Any attorney worth their salt is going to ensure there's a good 502(d) order in place. This order will (among other things) provide for clawing back inadvertently disclosed documents. If there isn't a 502(d) order in place, then you might want to inquire what the processes are for clawback. This might motivate people to get these particular ducks in a row.
2. Over-withholding documents for privilege can be just as bothersome as underdesignating privileged documents. That kind of thing leads to really painful meet-and-confers and costly (and annoying) motions practice on collateral issues.
3. Privilege can be a moving target, especially when you get into documents with mixed business and legal purposes. If you can't discern whether such a document is privileged, discuss it with other people on your team.
4. You are going to inadvertently disclose privileged documents at some point in your career. It will happen. The question is how you handle it afterward. The client is going to think it's the end of the world. You and your fellow attorneys will need to calm the client.
All of this. I also rely heavily on screening terms to find lawyer names, etc.
You care less as you go on - for better or worse
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No.
I’m so much more worried about NOT disclosing something we should have…