Page 1
PRIVILEGEINELECTRONICDATASETS · A GUIDE FOR UK LAWYERS Legal Professional Privilege in Large Electronic Datasets Finding, Protecting and Claiming Privilege at Scale Without Waiving It COMPUTER FORENSICS LAB
§ ABOUT THE AUTHOR PREPARED BY COMPUTER FORENSICS LAB E-DISCOVERY TEAM ESTABLISHED 2007 · LONDON ISO 17025-ALIGNED PROCEDURES PRIVILEGE WORKFLOW ENGINEERING PRE-PRODUCTION QC CPR PART 35 EXPERT REPORT S FULL CHAIN-OF-CUSTODY DOCUMENTATION
§ CONTENTS In this guide 01 Executive summary 02 The problem in plain English: doctrine meets a million documents 03 The two privileges in electronic form: LAP, litigation privilege and their edges 04 Where privileged material hides: threads, forwards, chat and copies 05 The workflow: identification, review streams and consistency 06 Claiming and protecting: schedules, redaction and pre-production QC 07 Waiver risks at scale: circulation, repetition and the modern estate 08 Source architecture: where else the evidence lives 09 Worked examples 10 Common mistakes and technical limitations 11 Questions to ask · Suggested wording 12 Checklist and red flags · When to involve a digital forensic expert 13 Frequently asked questions 14 Glossary · References · Disclaimer · How a specialist laboratory can assist
§ 01 · ORIENTATION Executive summary THE HEADLINE POINT: PRIVILEGEATSCALEISDOCTRINEPLUSENGINEERING: IDENTIFY CANDIDATESSYSTEMATICALLY, DECIDECONSISTENTLY, CLAIMPRECISELY, ANDQC BEFOREANYTHINGLEAVES
§ 02 · FIRST PRINCIPLES The problem in plain English: doctrine meets a million documents
§ 03 · THELAW, WORKING The two privileges in electronic form: LAP, litigation privilege and their edges
Page 2
§ 04 · THEHIDINGPLACES Where privileged material hides: threads, forwards, chat and copies
§ 05 · THE WORKFLOW The workflow: identification, review streams and consistency
§ 06 · THE CLAIM, MADE WELL Claiming and protecting: schedules, redaction and preproduction QC
§ 07 · THEWAIVERMAP Waiver risks at scale: circulation, repetition and the modern estate
§ 08 · THEWIDERMAP Source architecture: where else the evidence lives QUESTION COMMUNICATION THE ITSELF CIRCULATION PURPOSE RELATIONSHIP PLATFORM REVIEW EVIDENCE EVIDENCE RECORD LAYER RECORD
§ 09 · IN THE WILD Worked examples EXAMPLE1 · THEADVICETHATTRAVELLEDTOFORTYINBOXES EXAMPLE2 · THEINVESTIGATIONREPORTANDTHEDOMINANT - PURPOSEFILE EXAMPLE3 · THEQCSWEEPTHATCAUGHTTHETHREAD
Page 3
§ 10 · WHEREITGOESWRONG Common mistakes and technical limitations Common mistakes Technical limitations
§ 11 · INTERROGATORIES & DRAFTING AIDS Questions to ask · Suggested wording Ask your client Ask your opponent Ask your e Discovery / forensic provider
§ 12 · QUICK CONTROL Checklist and red flags · When to involve a digital forensic expert The privilege-at-scale checklist Red flags When to involve a digital forensic expert 92 on standby for the day prevention fails. Through e-discovery.uk, privilege workflows run with the engineering
§ 13 · COMMON QUESTIONS Frequently asked questions Is everything involving our in-house lawyer privileged? The advice was forwarded around the company. Is privilege lost? Our investigation report served several purposes. Can we claim litigation privilege? How do we stop privileged material slipping into a big production? Can AI decide privilege for us? The other side's privilege schedule is vague. What can we do?
§ 14 · REFERENCE Glossary Sources and authoritative references DISCLAIMER
§ HOW A SPECIALIST LABORATORY CAN ASSIST Working with Computer Forensics Lab Speak to a forensic examiner, not a salesperson. INSTRUCTTHELAB NEWENQUIRIESEMAILE - DISCOVERY
Cite as: Joseph Naghdi, Legal Professional Privilege In Large Electronic Datasets, Computer Forensics Lab, https://e-discovery.uk/library/legal-professional-privilege-in-large-electronic-datasets/pdf.