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> anymore? This is how discovery has always worked. > submitted Doesn't necessarily mean they volunteered it. Either submission or the unsealing could have b

> anymore? This is how discovery has always worked. > submitted Doesn't necessarily mean they volunteered it. Either submission or the unsealing could have been in response to a subpoena or court ruling. Maybe the solution is to write at the top of your journal that you are cc'ing your lawyer on it. (Not legal advice!)

deleted 5mo ago
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skrebbel 5mo ago
> > anymore? > This is how discovery has always worked. So if I say a worry to my therapist, and years later I get sued in a civil lawsuit, my opponents can just ask the therapist for their meeting notes and those get submitted and then published on the internet? No, I assume? So then where's the line? I'm no lawyer (in fact I'm a total noob in this area) but seems very weird to me that private notes can just be subpoena'd like that.
- jwolfe 5mo ago
  Your work laptop documents are not private personal notes. This is also partially why I do not log in to work accounts on personal devices or personal accounts on work devices.
- eadler 5mo ago
  NAL but generally familiar with law. Medical (and especially therapy) notes, attorney/client communications, and a few other have privilege [1] and you would not /required/ to submit this. If the opposing side requested something that turned them up, and they were responsive, you'd include a response and include a reference in a "privilege log" [0] What is privileged is subtle and often overstated. You can't just put "attorney/client privilege" and CC a lawyer — you need to be asking a genuine legal question. Google almost got in trouble for something like this [2]. Private notes, including diaries, are not privileged. I'd like to see some serious proposals for "diary privilege" but no state has such a rule. [0] https://www.jdsupra.com/legalnews/creating-privilege-logs-a-best-2761084/ https://www.jdsupra.com/legalnews/creating-privilege-logs-a-... [1] https://www.law.cornell.edu/wex/privileged_communication https://www.law.cornell.edu/wex/privileged_communication [2] https://www.proskauer.com/blog/the-sound-of-silent-attorneys-doj-alleges-google-fakes-attorney-client-privilege-by-ccing-lawyers-who-never-respond https://www.proskauer.com/blog/the-sound-of-silent-attorneys... — although they won later appeals. My point here is that its complicated.
- chuckadams 5mo ago
  Lawyers, priests, doctors, and clinical therapists are specifically protected to varying degrees under the law. As for your own private journals, that's up to the judge to decide whether it's relevant enough to be subpoenaed. Your journal recorded on company property when that company is in litigation probably doesn't stand much chance of protection.
bombcar 5mo ago
cc: lawyer don't do a thing, and wouldn't in this case. The lawyers submitted it sealed which means they "did their best" to protect privacy, but the guy had written snidely-whiplash-esque plans and pondering, so they were unsealed. Even I can see that it is applicable to the case.
- arduanika 5mo ago
  Correct. I was making a joke, and hoped it would be clear. > snidely-whiplash-esque I do hope this whole thing ends with someone saying "curses, foiled again!"

deleted 5mo ago

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skrebbel 5mo ago

> > anymore? > This is how discovery has always worked. So if I say a worry to my therapist, and years later I get sued in a civil lawsuit, my opponents can just ask the therapist for their meeting notes and those get submitted and then published on the internet? No, I assume? So then where's the line? I'm no lawyer (in fact I'm a total noob in this area) but seems very weird to me that private notes can just be subpoena'd like that.

jwolfe 5mo ago
Your work laptop documents are not private personal notes. This is also partially why I do not log in to work accounts on personal devices or personal accounts on work devices.
eadler 5mo ago
NAL but generally familiar with law. Medical (and especially therapy) notes, attorney/client communications, and a few other have privilege [1] and you would not /required/ to submit this. If the opposing side requested something that turned them up, and they were responsive, you'd include a response and include a reference in a "privilege log" [0] What is privileged is subtle and often overstated. You can't just put "attorney/client privilege" and CC a lawyer — you need to be asking a genuine legal question. Google almost got in trouble for something like this [2]. Private notes, including diaries, are not privileged. I'd like to see some serious proposals for "diary privilege" but no state has such a rule. [0] https://www.jdsupra.com/legalnews/creating-privilege-logs-a-best-2761084/ https://www.jdsupra.com/legalnews/creating-privilege-logs-a-... [1] https://www.law.cornell.edu/wex/privileged_communication https://www.law.cornell.edu/wex/privileged_communication [2] https://www.proskauer.com/blog/the-sound-of-silent-attorneys-doj-alleges-google-fakes-attorney-client-privilege-by-ccing-lawyers-who-never-respond https://www.proskauer.com/blog/the-sound-of-silent-attorneys... — although they won later appeals. My point here is that its complicated.
chuckadams 5mo ago
Lawyers, priests, doctors, and clinical therapists are specifically protected to varying degrees under the law. As for your own private journals, that's up to the judge to decide whether it's relevant enough to be subpoenaed. Your journal recorded on company property when that company is in litigation probably doesn't stand much chance of protection.

bombcar 5mo ago

cc: lawyer don't do a thing, and wouldn't in this case. The lawyers submitted it sealed which means they "did their best" to protect privacy, but the guy had written snidely-whiplash-esque plans and pondering, so they were unsealed. Even I can see that it is applicable to the case.

arduanika 5mo ago
Correct. I was making a joke, and hoped it would be clear. > snidely-whiplash-esque I do hope this whole thing ends with someone saying "curses, foiled again!"