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Solicitors phone and legal privilage

Discussion of forensic issues related to all types of mobile phones and underlying technologies (GSM, GPRS, UMTS/3G, HSDPA, LTE, Bluetooth etc.)
Subforums: Mobile Telephone Case Law
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bigjon
Senior Member
 

Solicitors phone and legal privilage

Post Posted: Jun 02, 13 16:55

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  
 
  

TuckerHST
Senior Member
 

Re: Solicitors phone and legal privilage

Post Posted: Jun 03, 13 18:45

- bigjon
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.
_________________
Scott Tucker
Aptegra Consulting, LLC
www.aptegra.com 
 
  

Patrick4n6
Senior Member
 

Re: Solicitors phone and legal privilage

Post Posted: Jun 04, 13 04:34

- bigjon
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.
_________________
Tony Patrick, B. Inf Tech, CFCE
www.patrickcomputerfor...s.com/blog
www.twitter.com/Patrick4n6 
 
  

bigjon
Senior Member
 

Re: Solicitors phone and legal privilage

Post Posted: Jun 05, 13 00:59

great answers guys thank you  
 

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