Technology Bites Back: Latest Steve Thomas Commentary Outlines Tech’s Role in Waivers and Loss of Privilege
The latest in a series of Texas Lawyer commentaries by MCS shareholder Steven Thomas focuses on how advances in technology, changes in the way people communicate and careless data storage habits have created a brave new world for lawyers dealing with inadvertent waivers and unintended loss of privilege in discovery.
Long ago, there was time to reflect. Printing, signing, licking the envelope, applying postage, dropping it into the outbox—sometimes hours would pass before the letter disappeared into the postal system. Producing documents took even longer.
Now, an impulsive click on the “send” button can trigger frantic claw-back emergencies, vitriolic motion practice, sleepless nights, and painful conversations with the client.
The Texas Lawyer commentary outlines recent examples of how technology affected privilege and preservation of discovery material in surprising ways. Read the full article here.