Messed up a document production. What now?

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Depends on the mistake. Failed to produce something you should have? Supplement. Produced something you shouldnt have? Depends. Responsive? But privileged? Need to rope in partner after understanding how to snap back. Produced unredacted. Immediately notify partner and understand snap back law etc. so the redacted production cane be produced. Dont beat yourself up.

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*can be*

Check the protective order for a clawback provision.

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What do you mean “messed up a document production?” There aren’t many non-fixable errors of that sort. What happened?

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Agreed with the above, it depends on the specific problem but most mistakes made during production can be fixed. Even inadvertently turning over something privileged, while a serious mistake, can be resolved.

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Yeah there is not a lot of document production errors that are not fixable. Especially if you own the mistake and come up with a plan to fix.

The only error that I have heard of that was fatal was the failure to correct the problem once discovered. An associate at my firm once produced a privileged opinion letter that had some really really prejudicial information. He was advised of mistake by opposing counsel and the associate didn’t own up to it to the partner right away. Opposing counsel moved to have the court deem the privileged waived. Motion was denied but the associate was gone a few months later.

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Ouch.

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I'm currently on a case with like 20 parties where one party accidentally produced unredacted copies of documents in the privilege log. And apparently a ton of the things that were redacted are not in the least but privileged and are really relevant and bad for the producing party. The rest of us are watching the emails and motions like...

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Really important advice above. Worst thing you can do is not to front the error (as is probably necessary) with your superior and have a plan to fix. Agree that nearly all mistakes are easily fixable. Handled correctly, might well be an opportunity to display the aplomb necessary to play with the big boys and girls. It happens. It’s fixable. Just do not be cavalier.

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