What to do? When reviewing discovery provided by your adversary you stumble upon a privileged document. It happens…sometimes privileged materials fall through the cracks and into the hands of opposing counsel. Do you read it, burn it, return it? According to a recent New Jersey decision, reading an inadvertently produced privileged document may be grounds for disqualification.
In this med-mal dispute, counsel for the plaintiff produced a document that was prepared by the defendant hospital during its investigation of the underlying allegations. The defendant …
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