[nullc]

Better advice would cover exactly what's needed to maximize that odds of that determination. For example, commingling the 'research' with activity that is the subject of the ligation may make your life much harder (or at least more expensive) because your opponent is absolutely entitled to that other material at the very least.

It also doesn't help when your opponent hit the provider ex parte with a subpoena and they just served it up which I can speak from experience many providers are pretty eager to do. Maybe after the fact you get an order for your opponent to destroy and not use the material but if you're dealing with a party that was dishonest enough to bring a frivolous claim in the first place that may not be that comforting.