New Rule on Privilege

Pres. Bush has recently signed a law that creates a new Federal Rule of Evidence, Rule 502. Obviously, it is important that attorneys understand this new rule and its implications, but clients should be aware of this rule as well. Attorneys need to be aware of the rule so the elements regarding disclosure are understood, and so the possibility of an agreement between the parties is used advantageously (see part e of Rule 502). Clients need to understand the rules about disclosure as well because it has been my experience that sometimes clients reveal privileged information and do not realize it because they did not reveal or make public the actual document, and therefore they think the information is still protected by privilege.

This new rule of evidence can be very helpful in discovery and should be relieved and evaluated. I do think it can help limit some of the costs of discovery when used appropriately. And doesn't everyone want to do everything they can to limit costs nowadays.