Viewpoint Home Viewpoint Home SAI Global Compliance

Ronald J. Levine
Herrick Feinstein LLP

Mr. Levine is Co-Chair of Herrick, Feinstein's Litigation Department. An experienced trial attorney, his practice focuses on the defense of multi-party tort and contract actions. During the past twenty-five years, Ron has represented corporate defendants in such high- visibility matters as the Love Canal proceedings in New York, the toxic shock syndrome actions, the smoking and health litigation, the repetitive stress keyboard cases, the lead paint litigation, and the Firestone tire recall. He regularly advises clients on strategies and programs involving records management and discovery, and crisis management. He is the author of more than two dozen articles on trial practice, crisis management, and tort law, and is an Editor of the nationally published Product Liability Law and Strategy.
Ronald J. Levine's Recent Entries





Learn more about other SAI Global advisors »

SAI Global Compliance

«
»


Be Careful What You Say About Judges

by Ronald J. Levine, Jan 02, 2009

Never assume that an otherwise privileged e-mail will never see the light of day. Even a privileged e-mail may be read by the court. Outside defense counsel would be well advised to limit negative comments concerning the court, and even their adversaries. It is entirely possible that the judge may some day read those comments.

For example, outside counsel are often asked to provide in-house counsel with “initial case assessments” in which outside counsel are asked, among other things, to discuss the judge and the venue. The outside counsel might include in the report a statement such as “The Judge is stupid and totally biased against corporations. The Judge is owned by the plaintiff’s bar.” Down the road that report might appear on the “privilege log.” Imagine the problems which will be encountered if the log is challenged by opposing counsel, and that judge asks to review the documents on the log in camera.

In my next posting I will be looking at the possible waiver of the attorney-client privilege by just using a computer.

Have a comment?