Barry Pollack Commented on Validity of Privilege Claims During Inadvertent Discovery in Global Investigations Review

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Global Investigations Review
08.26.15Barry Pollack commented on the validity of privilege claims regarding an internal email produced during pre-litigation discovery in claims of alleged bribery. Inadvertent production of documents in large commercial litigation is not uncommon, Pollack said. "I think a lawyer who receives documents that he or she knows were not intended for production is in a very tricky position. The lawyer has obligations to the court and to opposing counsel. But at the same time, the lawyer has the obligation to be a zealous advocate of his or her client." Pollack added, "If the lawyer believes that the law supports retaining those documents, and there is an advantage in doing so, the lawyer may feel compelled to advance that argument, even if it is in conflict with the lawyer's other obligations."
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