Legal Question in Intellectual Property in District of Columbia

Documents subject to privilege

Suppose a party has internal correspondence discussing the facts of a matter and whether they should retain an attorney, and they eventually do. The correspondence is eventually shown to the attorney, who comments on it. Is the correspondence, created before they retained an attorney, privileged?

In a related vein, is it permissible to ask (in an interrogatory) when they retained an attorney, and what the attorney's name was?

Asked on 3/30/07, 2:52 pm

1 Answer from Attorneys

Johm Smith tom's

Re: Documents subject to privilege

Most likely, the correspondence if still privileged and you can always ask but they may come up with a valid objection.

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Answered on 3/30/07, 3:26 pm

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