Environmental & Energy,
Ediscovery
Jul. 13, 2022
Boots on the ground: Are environmental investigations privileged?
Keep in mind that the operative issue is protection of the public health and safety from unknown contaminant exposure – not protection of your pocketbook, or your client’s; there is clearly a higher standard.
There are exceptions to every rule. Please keep the following in mind: Although your strategic moves as an environmental lawyer or consultant in interpreting data may be protected under the attorney-client and attorney work product privileges, the data itself as to the contamination levels you discover may not be.
We are constantly presented with the following fact pattern queries from fellow lawyers, and fellow consultants, but most of al...
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