It requires careful monitoring to ensure that crucial elements remain in place. Let's look at a few ways to preserve that privilege. Our first protection involves labeling. But if documents that can be made privileged are left unlabeled, the fact that some documents include this wording may render the ones without it vulnerable to challenge. In my opinion, no.
Unlabeled documents are probably unavoidable.
But give extra care to try to apply the label to all privileged documents. A written memorandum reminding key personnel of this is useful. Mentioning names A related danger involves titles. It is generally helpful for privileged documents to address key persons by their full names and titles. Remember, this material may be sought months or even years later, when fading memories may obscure the identities and roles of those whose names appear in these documents.