• FAIR – supporting auto accident victims through advocacy and education
  • FAIR – supporting auto accident victims through advocacy and education
  • FAIR – supporting auto accident victims through advocacy and education

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It’s Privileged: Should Litigation Privilege attach to pre-litigation Adjusters’ Files?

Litigation privilege serves to protect from disclosure, documents that came into existence (a) after litigation has been commenced, or (b) when litigation was reasonably contemplated, if it was for the dominant purpose of using the information to obtain legal advice or assist in the conduct of the contemplated litigation. The purpose of the privilege is “to create a ‘zone of privacy’ in relation to pending or apprehended litigation”, so that litigants can prepare their respective cases in private, without adversarial interference and the risk of premature disclosure.[1]

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