I. Judicial Viewpoints Automatic Waiver – This view holds that once the confid

I. Judicial Viewpoints
Automatic Waiver – This view holds that once the confidentiality is breached, the privilege is automatically waived. There is nothing that will redeem the privilege, and therefore the documents may be used by the party that received them by accident.
No Waiver – Under this view, the privilege is destroyed only when a client makes a knowing and voluntary waiver of the privilege. Therefore, the inadvertent disclosure does not constitute a waiver.
Balancing Test – The courts using the balancing test look at several factors such as the nature of the methods taken to protect the inadvertent disclosure; the efforts made to correct the error; the extent of the disclosure; and fairness. Remedies under this test range from unlimited use of the disclosed materials, to the court-ordered return of documents, to disqualification of attorneys who have reviewed inadvertently disclosed privilege documents.
Questions to Respond to
You have asked me to review the three (3) Judicial Views on handling inadvertent disclosure of confidential and privileged information i. Automatic Waiver, ii. No Waiver, and iii. Balancing Test and recommend one of the viewpoints for the judge whom you intern for as a paralegal to use in the cases that appear before her.
II. Please read the following two articles.
The first is from the ABA regarding Legal Ethical Obligations in eDiscovery and respond to the following queries:
First article
EthicsandeDiscoveryABA.pdf or access it here
1. What would you advise your law firm or legal agency to do (what’s your plan) in order to comply with these ethical obligations regarding eDiscovery?
Second article
Avoiding Common Ethical Pitfalls in eDiscovery
Create a list of five (5) key points you learned after reading this article.
Then choose one (1) of your five key points and explain why you believe it is important for the paralegals and lawyers in your firm to know and understand this particular point.

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