Outside Publication

The Troubling Ambition of Federal Rule of Evidence 502(d), Missouri Law Review Vol. 77 Issue 4


This article examines the development and early application of Rule 502(d) as well as its underlying rationale in an effort to address some of the potential benefits and consequences attendant to such a far-reaching – even paradigm changing – evidentiary rule.

It finds that, while the new rule could promote more efficient litigation, Rule 502(d) orders may ultimately bring about little in the way of cost savings, erode the attorney-client privilege, and further complicate modern discovery practice.