Q&As

Does legal advice privilege apply to the creation, management and operation of companies?

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Published on LexisPSL on 21/02/2019

The following Practice Compliance Q&A provides comprehensive and up to date legal information covering:

  • Does legal advice privilege apply to the creation, management and operation of companies?

Legal professional privilege (LPP) does not extend to everything legal professionals have a duty to keep confidential. LPP protects only those confidential communications falling under either of the two heads of legal privilege—legal advice privilege or litigation privilege.

LPP applies to communications made in confidence between lawyer and client for the purpose of giving or receiving legal advice.

LPP protects from inspection:

  1. confidential

  2. communications

  3. between A (the client or internal agent) and B (the professional legal adviser or in-house lawyer)

  4. for the sole or dominant purpose of giving or obtaining

  5. legal advice or assistance on A’s rights and liabilities and what should prudently and sensibly be done in the relevant legal context

There is no established list of communications that benefit from LPP, but case law can provide guidance:

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