Legal Counsel should become involved when it is thought that a claim will be serious with high exposures. It is important to involve counsel early so that sensitive documents may be privileged. In order to meet privilege, which of the following must exist?
1) Sensitive documents and an at fault plaintiff
2) It was reasonable to believe that litigation was possible at the time the document was created and the dominant purpose was to conduct or aid in the conduct of litigation or to obtain a legal opinion
3) The document's main purposes were to incriminate the plaintiff and undermine the opposition's investigation