How Mohawk Will Affect Litigation

Law360, New York (February 4, 2010, 3:07 PM EST) -- Here are two sentences lawyers would be happy never to read in an order directed to their clients: “The attorney-client privilege has been vitiated. Produce previously protected communications.”

Harsh consequences can radiate out from such words like ripples in a pond: litigation strategy may be revealed; embarrassing, damaging — and often irrelevant — discussions will be viewed and probably used by the opposing party; and lawyers will become deponents.

The initial reaction of any lawyer and client is likely, “Can we appeal and stay the order...
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