Draft memo for client about disclosure and privilege
Produced in partnership with Mathew Purchase of Matrix Chambers
Draft memo for client about disclosure and privilege

The following Dispute Resolution precedent produced in partnership with Mathew Purchase of Matrix Chambers provides comprehensive and up to date legal information covering:

  • Draft memo for client about disclosure and privilege

This precedent draft memo should be read (and potentially be sent) with the relevant precedent draft letter to your client about disclosure:

  1. Draft letter to client about disclosure—small claims track

  2. Draft letter to client about disclosure

Confidential and privileged

[insert date]

[insert addressees: [insert addressees: senior managers/relevant employees and former employees/IT managers]]

[[insert case heading] OR [description of the case if pre-action]]

[[We] OR [the company]] may face a legal dispute concerning [insert matter/transaction subject of dispute].

If the dispute is not resolved, it is likely that we will be obliged to disclose relevant documents, including electronic records, that are or have been in [[our] OR [the company’s]] control, whether they are helpful to our case or not.

However, certain relevant documents are protected from being inspected (that is to say, actually seen) by [our opponent OR name of opponent]. These include documents that are ‘privileged’, such as certain confidential communications between [[us] OR [the company]] and our lawyers. Please see the ‘Definitions’ section below for more information about the meaning of ‘documents’, ‘control’ and ‘privilege’.

Accordingly, it is important that we take appropriate steps to identify and preserve all documents that may be relevant to the dispute. However, it is also important to ensure that we:

  1. do not unnecessarily create new documents that may subsequently need to be disclosed, and

  2. retain privilege over protected documents by keeping them strictly

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