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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