Exam 5: Digital Evidence Case Flow

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Privileged communication can be written material as well as speech and actions. Attorney-client privilege (ACP) protects any communication between an attorney and a client; this communication is confidential and can't be disclosed without the client's consent. Communication between corporate counsel and employees, for example, might fall into this category. Work-product privilege protects any work an attorney has done in representing a client, including writings, statements, and testimony. It also includes an attorney's impressions, tactics, strategies, opinions, and thoughts. This privilege might also extend to work produced by consultants or experts.

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For all but the smallest cases, Web-based repositories are a good option for review, and most can handle native file formats as well as paper. By using a Web-based repository, law firms and corporations can focus on a case's legal issues, leaving the problems of technology, infrastructure, and database administration to a third-party vendor. The result is secure Web access to a litigation database loaded with discovery files and ready for review.

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Many civil cases rarely go to trial; instead, they settle at some point, even the night before the trial. Civil cases can be settled before trial because of arbitration and mediation, which are methods of settling disputes outside a court setting-also known as alternative dispute resolution. An arbitrator is an impartial person chosen by both parties to solve their dispute, and his or her decision is held as binding or nonbinding, depending on the terms of the arbitration agreement. Arbitrators hear and evaluate evidence and make decisions. They follow court rules, although the setting might be less formal than court. A mediator differs slightly; this person brings parties together in some form of agreement but doesn't evaluate evidence or make decisions.