What to do if…
you receive a demand for documents that include private communications and you are unsure what is protected

What to do now

1. Read the first page slowly and identify what it is.
   Look for the sender, court name, case number, legal power, date, deadline, named person or organisation, exact accounts or documents requested, and how the material is supposed to be provided.

2. Check which legal system or authority it refers to.
   The UK has different legal systems and procedures. Use the court, police force, regulator, prison, probation office, solicitor firm, or official body named on the document to tell your solicitor which part of the UK and which process is involved.

3. Preserve things without changing them.
   Keep the letter, envelope, email headers, attachments, screenshots of the demand, and any delivery records. Stop auto-delete settings if you can do that without altering content. Do not wipe devices, leave groups to hide messages, delete chats, or ask anyone else to delete things.

4. Put the requested material into rough categories before sharing it.
   Make a private list for your adviser, not for the requester, covering:

   • messages or emails with a solicitor, barrister, legal adviser, or their office,
   • documents made for legal advice, a dispute, investigation, claim, or court case,
   • private communications about health, therapy, family, children, finances, or intimate matters,
   • third-party messages involving other people’s privacy,
   • items that look outside the date range, account, person, or topic requested.

5. If it is not clearly a court order or formal notice, ask for the written basis.
   If you need to respond and the document does not require a specific formal response route, send a short holding response only: “I have received your request and am taking advice before providing any documents. Please confirm the legal basis for the request, the exact documents or accounts sought, the date range, whether any court order or notice applies, and how privileged or confidential material should be handled.” Do not admit anything or attach documents to that message.

6. If it is clearly a court order, production order, notice, or strict deadline, treat it as urgent.
   Contact a solicitor quickly and ask them to review the document before you disclose material. They can advise whether you must comply, whether the request can be narrowed, whether more time can be sought, and how any claim of privilege or confidentiality should be raised.

7. Handle legal advice communications as potentially privileged until checked.
   Legal professional privilege can protect some confidential solicitor-client or barrister-client communications and some litigation-related communications, but it is fact-specific and can be lost or waived. Keep those items separate in your list and do not send them until a solicitor has checked what should happen.

8. Do not create a large export unless it is safe to do so.
   A full export may include more than was requested, other people’s data, privileged material, deleted-message traces, or work information. Do not download, forward, export, or copy material if an order, workplace rule, prison rule, account rule, or confidentiality duty may restrict it; ask your solicitor how to preserve or copy material for review.

9. If the demand involves work systems, tell the right person only.
   If the material is on an employer’s device, email, Teams, Slack, shared drive, or case system, contact the person responsible for legal, compliance, data protection, or senior management. Ask them to preserve the material and not to disclose wider private communications until legal advice has been taken.

10. If you are in prison, on probation, or the demand concerns prison communications, ask for the formal route.
    Ask for the request or order in writing, keep a copy, and ask to contact your solicitor, a legal aid adviser, prison legal visits, or a recognised prisoners’ legal advice charity. Do not hand over wider private communications just because someone asks informally.