Are all my communications going to be reviewed by the court?
Are all my communications going to be reviewed by the court?
The basic standard is to expect all communications to be reviewed by the Court. If you do not want the Court to read what you are writing, it will have to be either privileged (i.e.: attorney-client privilege, work product,) or you must take steps to preclude anyone from ever seeing it. But even if no one sees it, you may receive a request for all written communications to be produced. Basic policy-if you write it-you have to disclose it, unless it is privileged.
What about a diary – will that diary be confidential?
Even if a diary is written with the intent that it is not to be disclosed to anyone, it will be up to the court to determine whether the diary will be disclosed, produced, read the parties, their attorneys etc. If it is not privileged, it is subject to subpoena.
