Legal professional privilege is a fundamental principle of the justice system, ensuring that clients can seek legal advice in complete confidence.
It protects certain confidential communications between lawyers and their clients from being disclosed without the client’s consent. There are two key types: legal advice privilege, covering communications made for the purpose of obtaining legal advice, and litigation privilege, which applies to communications created for the dominant purpose of ongoing or anticipated litigation.
However, privilege can be lost if confidentiality is compromised. For example, mixing legal advice with business advice, sharing documents widely within an organisation, or revealing the substance of legal advice in court documents may risk waiving privilege.
For legal practitioners, understanding how privilege works, and how easily it can be unintentionally waived, is essential to protecting clients’ rights and maintaining the integrity of legal proceedings.
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