Why Is Legal Professional Privilege Important

The rules are more flexible if the non-disclosure is due to the lawyer and not to the client. If such documents are prepared as part of a client`s legal advice, they are generally considered part of the lawyer`s preparatory work for the client and are therefore protected by privilege, even if they are not actually disclosed to the client. Therefore, a lawyer or law firm can only provide the highest quality of service to a client if the client shares everything with the lawyer. You need to be able to speak openly and honestly to create the best, most accurate and strategic case. An experienced lawyer will be the best resource you will ever have in a legal dilemma. And that`s what protects solicitor-client privilege. In common law jurisdictions, solicitor-client privilege protects all communications between a professional legal advisor (a lawyer, lawyer or lawyer) and their clients from disclosure without the client`s permission. The privilege belongs to the client, not the lawyer. Solicitor-client privilege is an important law that applies to all communications between a client and a lawyer, and sometimes also communications between third parties when it comes to litigation. However, the law has recently changed when it comes to solicitor-client privilege, so our commercial litigation lawyers are here to explain the basics and how it may affect you before, during and after litigation. The provision of privileged advice from the recipient within the company to its employees (if they need it for their work or if it is to be given to the board of directors of a company) should not result in a loss of privileges, provided that it does not result in the loss of confidentiality. Legal advice is not limited to communicating the law to the client; It should include advice on what to do prudently and wisely in the legal context.1 This privilege also extends to advice from foreign lawyers, provided that they act in a professional capacity in connection with legal advice.

It is not necessary or relevant to consider the training and experience of a foreign lawyer for legal privilege to apply in the case of a foreign lawyer – legal privilege should apply to anyone practising as a lawyer in a foreign jurisdiction. There are strict rules as to when any type of solicitor-client privilege is applicable. Whether a document or oral evidence is a question of content and not form, so simply marking documents as „confidential and protected” or providing them to counsel cannot automatically make a non-privileged document a privileged document. Many lawyers talk about „solicitor-client privilege” or „client privilege” and while this may sound like legalese that Harvey von Suits would use to impress a judge, privilege is a basic legal concept in Australia. This blog briefly explains what solicitor-client privilege is and why it can be important to an organization. Often, documents are created for more than one purpose. For example, a company may commission an investigation report on the cause of an accident or the nature of fraud in order to improve procedures and avoid repetition, while assuming that litigation is likely and that such a report is also necessary for this purpose. However, if the report is not prepared for the primary purpose of litigation, procedural privilege does not apply.

It is important to note that no solicitor-client privilege can be linked to communications between opposing parties (although privilege without prejudice prevents the full disclosure of certain documents). However, the privilege could be granted selectively to a third party, so that it is disclosed to that third party for a specific purpose specified in a contractual obligation, but remains privileged for all other purposes. The Evidence Act 1995 (Cth) and identical provisions of the Evidence Act 1995 in New South Wales and Tasmania now govern cases where privilege prevents the presentation of evidence in the course of court proceedings (as defined by proceedings bound by the Evidence Acts). New South Wales court decisions expand the definitions of the Evidence Act to include the discovery and inspection of documents. The right has been renamed by law to reflect the fact that it is a customer`s right. It is now the client`s legal privilege (as opposed to solicitor-client privilege). The courts view privilege as a „general substantive principle that plays an important role in the effective and efficient administration of justice by the courts”[5] and not as a mere rule of evidence. As such, it extends to all forms of mandatory disclosure, including search warrants.

[6] [7] While Parliament may limit privilege, „the law should not pave the way for the legislature to limit privilege.” [8] The BVG is essential to ensure that all businesses, regardless of size, have access to professional legal advice and do not have to disclose details of that advice – or disclose the results of desk research or information about current or future litigation. All of this is crucial for businesses to operate with the peace of mind that they will enjoy some confidentiality for matters that might be economically sensitive. If communication privilege between lawyers and third parties is lost, businesses may not seek legal advice or participate in the voluntary disclosure process if necessary. Both could lead companies to act as they shouldn`t and have less overall transparency about how they acted to prevent such a situation from happening again. A: When a person lies under oath, the most important question is what to do about it and when. For example, if you know someone lied under oath, it`s often best not to let them know they were caught.