Perhaps the biggest change in the legal profession caused by the coronavirus pandemic is the necessity of working from home. Conversations that normally would occur in the privacy of an office now take place in a kitchen, spare bedroom or basement “office,” with family members, particularly children, or a housekeeper moving about the house.
Although the pandemic has not changed the law around issues of privilege—at least not yet—how one acts to establish and protect privilege should change. As we work in new settings and rely more upon the technologies of remote communications, understanding the purpose of the attorney-client privilege and the way courts have handled issues of privilege in the past can help inform best practices in the era of COVID-19.
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