There is nothing more sacred to in-house counsel than attorney-client privilege. But with the advent of e-discovery, preserving privilege has become increasingly difficult. A recent court ruling in the District of Maryland underscores this point.
On May 29, Judge Paul Grimm, noted as one of the most influential and educated jurists on the topic of e-discovery, handed down an opinion that many experts consider the most significant guidance to date on preserving privilege in the course of e-discovery.
"The vast majority of folks are operating with a black box search," says Dean Gonsowski, vice president of e-discovery services at Clearwell Systems Inc., a provider of e-discovery software.
Victor Stanley is a lesson to counsel that it's not just about successfully finding privileged documents via keyword searches; it's about showing your work. And the most commonly accepted method is through testing and sampling.