[DannyBee]

Lawyer here: So first, while this entire comments section seems to treat privilege as if their is a single universal corpus of law around it, their isn't. Federal and and state courts do different things here. Each state does different things than other states.

It's therefore practically hard to give a useful answer to your questions. There are states and courts that don't recognize drafts as privileged. There are states that do as long as they are created for the purpose of seeking legal advice. There are states in between.

Also keep in mind the main goal of this kind of privilege is to ensure people seek legal advice, and feel comfortable doing so, before they do something that’s going to get them into trouble. it does protect your ability to prepare a defense, and that sort of thing,but if you do a thing after you email your lawyer and the lawyer says "that is a horribly illegal idea", privilege isnt really there to help you, even if that particular email often happens to be privileged. It's there to help society, not keep you from having to pay damages. For example, Companies overuse lawyers in things like clean up after security incidents - very little of that will be actually privileged from discovery no matter how many lawyers got involved.

All that said general advice is to ensure drafts are deleted after being sent.

The only real common thing in this area of law is that the party trying to withhold the document bears the burden of showing it is privileged.