Neutral party electronic discovery |
Abstract
Helping both sides in a legal case complete electronic discovery where evidential files were stored on the same computer as privileged material.
Challenge
The High Court allowed our client discovery of a number of laptop computers belonging to their opponent in a legal case. The laptops potentially contained material of relevance to the case. The laptops, however, contained large amounts of privileged material, meaning that our client could not take them into their possession for fear of breaching privilege. The opposing side claimed not to have the resources to carry out electronic discovery by themselves.
Approach
We devised a method which would resolve the problem and obtained the agreement of both parties to the procedure.
Instead of representing our client directly, we took a neutral role, providing full IT Forensic discovery services to the opponent, while communicating only with our own client to resolve matters of timing and fees.
We forensically copied both laptop computers. We then ran keywords, agreed between the two parties, against the resulting images.
All relevant electronic files uncovered by the search were then provided to the opposing side’s legal advisors. No files were provided to our original client at this point.
We provided further support to the process until the opponent was able to review and provide the relevant files to our client.
Solution
Our original client received full electronic discovery as desired.
Their opponent was able to preserve the integrity of their privileged documents.
The electronic discovery process was quickly and efficiently completed with no objection from either side of the case.
