I hope everyone had a relaxing Labor Day weekend! My rafting trip down the Green River through Wyoming, Colorado and Utah was so much fun. I was completely off the grid for four days, slept in a tent, bathed in the river, hiked to waterfalls, and even managed to play Capture the Flag. I saw Bighorn sheep, river otters, snakes, Bald Eagles, and the remnants of one of Butch Cassidy’s hideouts. The river running green through the beauty and colors of the high canyon walls is something I will never forget. The outfitter, Dinosaur River Expeditions, and their guides were first rate. Kudos to them!
I hope you enjoy the September edition of suasponte.
Attorney-Client Privilege: Assert it or Lose It
Today, privileged documents (ranging from emails to client memoranda to retainer agreements) are inadvertently produced to opposing counsel during the discovery process. At least in theory, the Federal Rules of Evidence do not automatically deem the privilege to have been lost by such inadvertent disclosure.
However, as a practical matter, recent case law, including a recent decision handed down by a federal district court in the Southern District of California, demonstrates that litigators must remain vigilant if they wish to avoid being deemed to have waived the privilege in these instances.
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Litigation is a mental battle.
This month I share a quote from James Clear, the author of Atomic Habits, that applies to the successful practice of law.
“The hard way is rarely harder in terms of daily effort, but it is often harder psychologically. It requires:
- thinking long-term
- removing limiting beliefs
- avoiding the lure of status and approval
- trusting that small things will lead to big things
It’s a mental battle.”
Have you ever sent an email, then thought the better of it, or realized you forgot the attachment, important information, or some of the recipients? You can prevent these oversights by simply adding a rule to delay delivery of your messages. The delay will hold messages in your Outbox for a specified time after clicking Send, allowing you time to revise your email, if needed.
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#WORTH YOUR TIME
Make Time by Jake Knapp and John Zeratsky
There are so many distractions, interruptions and things to do in our busy lives that it is difficult to make time to focus on the things we care about most. Jake Knapp and John Zeratsky both worked at Google designing tech products that aim to distract us. After realizing the effects that modern life was having on their own lives, they designed an approach for reclaiming your time into 87 tips with four key steps.
Read more (1 min read)
#WHAT I’M LISTENING TO NOW
Nirmal Purja, a Nepali and member of the UK Special Forces, decided in 2019 to prove nothing is impossible by climbing all 14 of the world’s 8,000-meter peaks in record time. He smashed the prior record of 7 years 7 months with a record time of 6 months and 6 days. You can watch his incredible journey on Netflix: 14 Peaks: Nothing is Impossible. However, I recommend you listen to Joe Rogan’s interview with Nims before you watch the movie to appreciate how truly remarkable Nim’s accomplishment is.
“But nobody wins afraid of losing.” Starting Over, Chris Stapleton