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Solicitors phone and legal privilage  

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bigjon
(@bigjon)
Active Member

If a solicitor is required to hand over his handset for a particular case, what protection would he be afforded re the other legal privilege material contained within the handset?
There are certain texts and emails which both parties have agreed to yield to offer into evidence but there are various other corres'
One could manually go through the evidential texts and retrieve them but should one use an extraction tool the entire email section / text section would be downloaded, would this be the preferred method and subsequently, an edited report could be prepared containing just the relevant material
Thank you

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Posted : 02/06/2013 5:55 pm
TuckerHST
(@tuckerhst)
Active Member

One could manually go through the evidential texts and retrieve them but should one use an extraction tool the entire email section / text section would be downloaded, would this be the preferred method and subsequently, an edited report could be prepared containing just the relevant material

I routinely deal with privileged material in the course of e-discovery and handle it exactly the way you suggested. While my work is in the USA, privilege derives from UK common law and is thus substantially similar. A responsive production is that which is relevant and not subject to privilege, so protocols include both a review for privilege and a clawback provision, covering the accidental production of privileged material.

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Posted : 03/06/2013 7:45 pm
Patrick4n6
(@patrick4n6)
Senior Member

If a solicitor is required to hand over his handset for a particular case, what protection would he be afforded re the other legal privilege material contained within the handset?
There are certain texts and emails which both parties have agreed to yield to offer into evidence but there are various other corres'
One could manually go through the evidential texts and retrieve them but should one use an extraction tool the entire email section / text section would be downloaded, would this be the preferred method and subsequently, an edited report could be prepared containing just the relevant material
Thank you

I examined a solicitor's computer once with a standing claim of privilege. I conducted the exam with his legal counsel beside me, produced a report with some of the material redacted, and then destroyed the working copies and intermediate work product. Note that I was not the investigator for this matter, only the forensic examiner, and I gave an undertaking to the court not to discuss any material outside of the produced report with our investigators.

This was under the Australian/Queensland legal system which is very similar to the UK system.

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Posted : 04/06/2013 5:34 am
bigjon
(@bigjon)
Active Member

great answers guys thank you

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Posted : 05/06/2013 1:59 am
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