March 22, 2023

Case Work: How to handle evidence that is subject to Legal Professional Privilege (LPP) without delaying an investigation

The latest in our new Case Work series highlights how CCL handles evidence that is subject to Legal Professional Privilege (LPP) in a way that supports accelerated investigations

Investigators from a Law Enforcement Agency were required to review a large amount of digital data held on a range of mobile and computer devices in relation to a fraud investigation. The exhibits were subject to Legal Professional Privilege (LPP) and any LPP material found to be present on any of the exhibits was to be filtered out prior to release to the investigation team.

The Investigation
  • All data extracted from the mobile and computer devices were processed using Nuix workstation.
  • All the data was made text searchable to allow for keyword searching.
  • Non-text searchable data such as scanned documents and image files were further processed to extract any text, known as performing ‘Optical Character Recognition’.
  • Due to the data sources holding a significant amount of data, de-duplication was applied and LPP keyword searches provided by the defendant were run to identify any potentially privileged data.
  • The LPP keyword responsive data was then provided to Independent Counsel to remotely review on a CCL-hosted review platform.
  • The remaining non-responsive data from the LPP keyword search was provided to the investigation team via CCL’s review platform.
  • Upon completion of Independent Counsel’s review, the data considered as LPP was quarantined. The data not considered as LPP was then released to the investigation team.

  • Independent Counsel and the investigation team and were able to simultaneously, remotely and securely review the data allowing the investigation to progress in a timely fashion.
  • Throughout the duration of the review CCL provided support and review management for both Independent Counsel and the investigation team.
  • CCL acted as an independent body as was able to segregate the data potentially subject to LPP without the Investigation team viewing it.

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