The short answer
Privileged documents sent by mistake can often be recovered if the error was inadvertent and corrected promptly. When parties disagree about privilege, a court decides, sometimes after reviewing the documents privately.
Where it fits in your case
During discovery, and whenever a privileged document reaches the wrong person.
What to expect
Clawback. Rules and protective orders often require the recipient to return or destroy inadvertently produced material.
Privilege logs describe withheld documents so the other side can challenge them.
In camera review lets a judge examine disputed documents privately.
Lawyer files can be subpoenaed, but privileged material is protected.
Legal bills may reveal privileged strategy and can be redacted.
What we need from you
Prompt notice if you see or send something that may be privileged.
Common misconceptions
“A mistake waives privilege forever.” Not necessarily, if handled quickly.
“Legal bills are never privileged.” Descriptions of work can be.