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Legal Advice Privilege: A Matter of Substance

Published online by Cambridge University Press:  01 March 2000

Extract

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The doctrine of legal professional privilege comprises two categories. The first, “legal advice” privilege, protects communications between client and lawyer for the purpose of eliciting or giving legal advice. The second category, known as “litigation” privilege, concerns communications between a lawyer and a non-party, or a client and a non-party, if made predominantly in respect of litigation, criminal or civil, whether pending or contemplated, and whether in England or elsewhere. An example of this second category is a confidential “sounding” by a client or lawyer of a potential witness.

Type
Case and Comment
Copyright
Copyright © Cambridge Law Journal and Contributors 2000