ISBA Bench & Bar Article, Rule 502: Something Illinois litigants can learn from federal courts
The May 2017 Illinois State Bar Association Bench & Bar newsletter featured an article on Illinois Rule of Evidence 502 by RSHC attorneys Eli Litoff, Kelly Warner and Ed Casmere.
The article provides an overview of Rule 502(d)’s protective provisions for litigants to guard against the waiver of the attorney client privilege and work product, and discusses why it has not caught on in Illinois state courts despite its benefits. The article further reviews example orders incorporating Federal Rule of Evidence 502, on which Illinois’ rule is based, implemented by Magistrate Judge Andrew J. Peck’s order and the Seventh Circuit Pilot Program on Electronic Discovery.