Law Practice,
Ethics/Professional Responsibility
Sep. 10, 2021
Using clawback agreements to lessen the blow of inadvertent disclosure
Every litigator knows the anxiety of getting ready to press send on a big document production and, no matter how carefully the documents were reviewed, having that nagging concern that something is in the production that should not be there.
Every litigator knows the anxiety of getting ready to press send on a big document production and, no matter how carefully the documents were reviewed, having that nagging concern that something is in the production that should not be there. One main risk is the inadvertent disclosure of privileged materials. Attorneys are typically well-aware of their obligation under California law to maintain the attorney-client privilege and the importance of avoiding waiver.
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