Rabiej on Why Lawyers Should Routineline Request 502d Confidentiality Order

Rabiej on Why Lawyers Should Routineline Request 502d Confidentiality Order

A court order under FRE 502(d) protects a party from the threat of waiving the attorney-client privilege or work-product protection when privileged or protected information is disclosed. Few requests for the court order have been reported, because the bench and bar are unfamiliar with the new rule (enacted in Sept. 2008). Best practices call for lawyers to request the court to enter the order routinely in every discovery-intensive case.

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