Privilege in eDiscovery: Understanding Rules & Definitions
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Questions and Answers

What is a key factor in determining privilege in communications with non-legal advisers?

  • The adviser's location
  • The type of communication used
  • The dominant purpose of the communication (correct)
  • The adviser's qualifications

    • What can result in the loss of privilege in communications?

  • Circulating confidential material within the client group
  • Using secure email transmission
  • Marking documents as confidential
  • Loss of confidentiality (correct)

    • What should be avoided when handling privileged material?

  • Using IT safeguards
  • Circulating it within the client group
  • Labelling it as 'confidential and privileged'
  • Adding written commentary to privileged material (correct)

    • What can help maintain privilege in eDiscovery?

    <p>Labelling and IT safeguards</p> Signup and view all the answers

    Why is understanding privilege essential in eDiscovery?

    <p>To navigate legal proceedings effectively</p> Signup and view all the answers

    What should be minimized to mitigate risks when handling privileged material?

    <p>Email transmission of sensitive information</p> Signup and view all the answers

    What is the main purpose of privilege in the context of eDiscovery under English law?

    <p>To protect confidential communications between clients and lawyers</p> Signup and view all the answers

    What are the two main types of privilege in eDiscovery under English law?

    <p>Legal advice privilege and litigation privilege</p> Signup and view all the answers

    What is legal advice privilege (LAP) in the context of eDiscovery?

    <p>A protection for confidential communications between clients and lawyers</p> Signup and view all the answers

    What is the scope of legal advice privilege (LAP) in eDiscovery?

    <p>Limits to communications between authorized clients and lawyers</p> Signup and view all the answers

    When does litigation privilege (LP) arise in eDiscovery?

    <p>Once litigation or arbitration is in contemplation or ongoing</p> Signup and view all the answers

    What is the primary difference between legal advice privilege and litigation privilege?

    <p>The context of legal advice</p> Signup and view all the answers

    What fundamental right does privilege provide individuals and corporate entities under the legal framework in the UK?

    <p>The right to withhold disclosure of confidential and sensitive material</p> Signup and view all the answers

    When does litigation privilege arise?

    <p>When the dominant purpose of communication is litigation-related</p> Signup and view all the answers

    What happens to privilege when confidentiality is lost?

    <p>Privilege is waived</p> Signup and view all the answers

    Which of the following is NOT a type of privilege discussed in the guide?

    <p>Confidentiality Privilege</p> Signup and view all the answers

    How should privileged material be circulated to avoid loss of privilege?

    <p>Marked as 'confidential and privileged' and not for onward circulation</p> Signup and view all the answers

    What type of communications does Legal Advice Privilege protect?

    <p>Communications between a lawyer and a client for legal advice</p> Signup and view all the answers

    What can help maintain privilege in the digital age?

    <p>Using portals or 'read-only' documents</p> Signup and view all the answers

    Under Legal Advice Privilege, what is required for privilege to apply?

    <p>The presence of a lawyer in the communication</p> Signup and view all the answers

    What is the primary purpose of Litigation Privilege?

    <p>To protect materials created for the dominant purpose of litigation</p> Signup and view all the answers

    What type of privilege arises in the context of giving or receiving legal advice?

    <p>Legal Advice Privilege</p> Signup and view all the answers

    What is emphasized as essential for navigating legal proceedings effectively?

    <p>Understanding privilege in eDiscovery</p> Signup and view all the answers

    Who should be consulted for specific cases or situations involving privilege?

    <p>A lawyer</p> Signup and view all the answers

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