When you export with "Include Privileged Documents" turned off, Hintyr excludes privileged documents. But what about email families where some messages are privileged and others aren't? Hintyr gives you options so you can keep family integrity or produce only non-privileged items.
What are email families in document production
An email family is a group of related messages: a parent email plus its replies, forwards, and attachments. In discovery, families are typically treated as a unit because the messages share context needed to understand the conversation. Producing part of a family without the rest can create an incomplete or misleading record.
When email privilege conflicts arise during production
A privilege conflict happens when an email family contains both privileged and non-privileged messages. For example, a thread might start with a routine business discussion and then include a reply with attorney-client privileged advice. When you export with the Include Privileged Documents toggle off, Hintyr detects these mixed families and gives you options for handling them.
Privilege option: Exclude entire email family
If you choose "Exclude entire family," Hintyr removes all messages in the family when any single message carries a privilege designation. This preserves the integrity of your privilege claims by keeping all context from a privileged thread out of the production. It's the most conservative option, best suited when producing non-privileged portions could risk waiving privilege over the rest.
Privilege option: Include non-privileged messages only
If you choose "Include non-privileged only," Hintyr keeps the non-privileged messages from the family and drops the privileged ones. This produces as many responsive documents as possible while still withholding privileged content. Use it when the non-privileged portions can stand on their own without risking a privilege waiver.
Best practices for email privilege in productions
- Review privilege designations before exporting - Verify that all privilege tags are accurate before creating a production to minimize unexpected conflicts.
- Consult your legal team - The choice between excluding entire families and including non-privileged messages has legal implications. Discuss the approach with your team before selecting an option.
- Document your decisions - The production manifest records which option was selected for privilege conflicts, providing a defensible record of your production methodology.
- Use the privilege log - Withholding documents requires a corresponding entry in the privilege log. Hintyr can generate privilege log entries for withheld family members.