Civil Litigation
Jul. 2, 2011
E-Discovery: When 'Sneak-a-Peek' May Result in Disqualification of Counsel
Making inadvertent discovery disclosures of privileged material to opposing counsel has its consequences.
A. Marco Turk
Emeritus Professor, CSU Dominguez Hills
Email: amarcoturk.commentary@gmail.com
A. Marco Turk is a contributing writer, professor emeritus and former director of the Negotiation, Conflict Resolution and Peacebuilding program at CSU Dominguez Hills, and currently adjunct professor of law, Straus Institute for Dispute Resolution, Pepperdine University Caruso School of Law.
What happens when opposing counsel receives inadvertent discovery disclosures (electronic or otherwise) from the other side that indicate they are privileged, but the receiver fails to notify the source? Beware of the possibility that the conduct need not justify punitive action by the court to qualify as "sanctionable." The challenged actions in Clark v. Superior Court, 2011 DJDAR 8023 (Cal. App. 4th Dist. June 2, 2011) resulted in a trial court order that was expressly "designed...
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