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10 Duke L. & Tech. Rev. [1] (2011-2012)

handle is hein.journals/dltr10 and id is 1 raw text is: THE ATTORNEY-CLIENT PRIVILEGE AND DISCOVERY OF ELECTRONICALLY- STORED INFORMATION ADJOA LINZY1 ABSTRACT The attorney-client privilege is the most sacred and important privilege in our legal system. Despite being at the center of daily practice, the privilege still remains a mystery for many lawyers. This is primarily because the privilege is not absolute, and there are certain actions or non-actions that may waive it. The application of the privilege is further complicated by electronic discovery, which has both benefits and drawbacks. On one hand, it has made the practice of law more efficient. On the other hand, it has made it easier to inadvertently waive the attorney-client privilege in response to a discovery request. This iBrief examines attorney-client privilege issues that may arise during e-discovery, and provides practical guidelines for attorneys responding to e-discovery requests. INTRODUCTION ¶I The rapid computerization of the 1990s has altered the litigation landscape.2 Most businesses have moved away from storing documents in file cabinets and warehouses as documents are increasingly stored electronically.3 Consequently, litigators must increasingly respond to subpoena requests for electronically stored information (ESI). These requests will continue to increase as experts estimate that nearly one-third of electronically stored documents remains solely in digital form.4 Duke University School of Law, J.D. 2009; University of North Carolina at Chapel Hill, B.A. Political Science and International Studies, Highest Distinction and Honors 2006. Adjoa Linzy is an Associate at DLA Piper's International Trade Practice Group. The views expressed in this article are solely hers and do not represent those of DLA Piper. 2 Vlaid Vainberg, When Should Discovery Come with a Bill? Assessing Cost Shifting for Electronic Discovery, 158 U. PA. L. REV. 1523, 1532 (2010). 3 id. a Corinne L. Giacobbe, Note, Allocating Discovery Costs in the Computer Age: Deciding Who Should Bear the Costs of Discovery of Electronically Stored Data, 57 WASH. & LEE L. REV. 257, 259 (2000).

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