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 (D)</p> Signup and view all the answers

Why is understanding privilege essential in eDiscovery?

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

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

<p>Email transmission of sensitive information (B)</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 (D)</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 (A)</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 (C)</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 (C)</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 (A)</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 (B)</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 (C)</p> Signup and view all the answers

When does litigation privilege arise?

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

What happens to privilege when confidentiality is lost?

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

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

<p>Confidentiality Privilege (C)</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 (C)</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 (D)</p> Signup and view all the answers

What can help maintain privilege in the digital age?

<p>Using portals or 'read-only' documents (B)</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 (C)</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 (A)</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 (D)</p> Signup and view all the answers

What is emphasized as essential for navigating legal proceedings effectively?

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

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

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

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