If we decide to secure the documents, we may ask you to seal them in a suitable container – for example, an envelope, box, locked filing cabinet or locked room, depending on the volume of documents.
We sometimes use this approach before you have made a legal professional privilege claim, especially where a large volume of documents is to be inspected. In this case, we may arrange for:
- a secure room at your business premises to be available for the duration of the access which can be sealed by our representative at the end of each day
- the potentially relevant documents to be taken to the secure room where we can inspect the contents to determine their relevance.
When we secure your documents in a container, we will:
- not argue implied waiver because of our inspection
- usually ask you to prepare a schedule of documents held in the container together with a description of each document.
We may allow you to make photocopies of the documents under our supervision before the container is sealed.
We may agree to use a container of a third party to hold the documents if privilege has been claimed and is in dispute. If we agree on a third party – for example, a firm of solicitors – we may obtain a written undertaking from the third party in relation to the safe keeping and return of the documents.