Reviewing documents produced in discovery

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The new member of the litigation team has been reviewing the documents produced in discovery. She comes to you with an email that was produced in discovery that the other side produced and asked you if we should use it. You take a close look at this email and the first thing you see that the email is from the attorney from the other side to his legal assistant instructing her to destroy the photograph that will sink their client's case. Is this protected work-product? What should you do with this email? At this point, has the other side waived a privilege?

Reference no: EM133310752

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