ELECTRONIC EVIDENCE: Comment: "WHAT'S YOURS IS MINE": INADVERTENT DISCLOSURE OF ELECTRONICALLY STORED PRIVILEGED INFORMATION IN DIVORCE LITIGATION Skip over navigation
LexisNexis® Browse Law Reviews and Treatises
Skip over navigation
Sign in with your lexis.com® ID to access the full text of this article.
-OR-
Order the full text of this article if you do not have a lexis.com® ID.
 
Price: 
US $22.00 (+ tax)
 
 

Copyright (c) 2010 American Academy of Matrimonial Lawyers
Journal of the American Academy of Matrimonial Lawyers

ELECTRONIC EVIDENCE: Comment: "WHAT'S YOURS IS MINE": INADVERTENT DISCLOSURE OF ELECTRONICALLY STORED PRIVILEGED INFORMATION IN DIVORCE LITIGATION

2010

Journal of the American Academy of Matrimonial Lawyers

23 J. Am. Acad. Matrimonial Law. 177

Author

Amanda Showalter

Excerpt



Introduction
 
The attorney-client privilege and the questions it presents permeate the legal field, with the area of divorce litigation being no exception. Increased availability and use of electronic media create unique challenges for the family law attorney who must juggle the need to maintain the attorney-client privilege while representing clients who often share electronic storage space and medium with their adversaries. The usual complexities of the electronic discovery are only exacerbated by the discovery of documents stored on the shared family computer and communication between attorney and client that is often accessible by adverse parties through shared email accounts and other electronically stored communications. Electronic discovery is only made more difficult by the variety of approaches used by different states, the varying interpretation of those approaches within states, and the lack of relevant case law directly addressing the distinctive circumstances of electronic discovery and divorcing parties.

This Note provides an overview of the history of attorney-client privilege and the current state of the law in relation to electronic discovery. Part I of this note will provide a brief overview of the attorney-client privilege and the varying views as to the doctrines, benefits, and detriments within the legal system. This Part will also examine the various approaches courts take when privileged information is inadvertently disclosed to opposing parties, and how these approaches further or hinder the purpose of the attorney-client privilege. Part II will focus on the proliferation of electronically stored information in recent years and how the increased use ...
 
 
If you are interested in obtaining a lexis.com® ID and Password, please contact us at 1-(800)-227-4908 or visit us at http://www.lexisnexis.com/.
Search Documents
 
eg., Environmental Insurance Coverage Under the Comprehensive General Liability Policy
 
 
 
 

Lexis® Web - The only search engine that delivers free web content specifically from legal sites validated by LexisNexis® attorney editors and includes tools for faster research and more relevant results.

 
LexisNexis Store
Research Now - Go to lexis.com
Connect the Dots - Free 1 hour webcast
Share. Network. Discover. - Go to LexisNexis Communities