Extract to table

Reviewers must apply these guidelines consistently and without deviation during the privilege review pass

The foundational elements of the privilege, each of which must be established for the privilege to attach, are as follows: 1

In confidence — The communication must have been made with a reasonable expectation of confidentiality

For the purpose of seeking, obtaining, or providing legal assistance to the client — The communication must have a predominantly legal purpose

These elements must be assessed on a document-by-document basis

Each communication must be individually examined to determine whether it satisfies all four elements