Q&As

A party to family proceedings has emailed/showed letters containing legal advice to family members who are not parties to the proceedings. Can the other party to the proceedings submit that legal professional privilege has been lost as a consequence and ask that the entire solicitor’s file be disclosed?

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Produced in partnership with Chris Bryden of 4 King’s Bench Walk
Published on LexisPSL on 20/08/2020

The following Family Q&A Produced in partnership with Chris Bryden of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:

  • A party to family proceedings has emailed/showed letters containing legal advice to family members who are not parties to the proceedings. Can the other party to the proceedings submit that legal professional privilege has been lost as a consequence and ask that the entire solicitor’s file be disclosed?

Legal professional privilege is an important form of privilege. As a matter of public policy, all communications between a legal advisor and their client are privileged from the date of production so long as they are confidential, written by or to the legal advisor in their professional capacity, and for the purpose of giving or getting legal advice. The interest which it protects is to ensure that communications between a solicitor and client may be frank and free and should not emerge into the public domain if litigation is subsequently pursued. A party may, however, waive that privilege. Classically, and uncontroversially, this would be so in instances where the party refers in detail to, and seeks to rely upon, part of a document setting out legal advice, but resists the other party’s efforts to

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