The following Risk & Compliance practice note Produced in partnership with Peter Ratliff of 6KBW College Hill provides comprehensive and up to date legal information covering:
Legal Professional Privilege (LPP) protects the confidentiality of written and oral communications between lawyers and clients. It entitles a party to withhold evidence from production to a third party or court—see Practice Note: Legal professional privilege—what it means for in-house lawyers and the organisations they advise.
It is essential that you are able to articulate exactly what privilege is to your colleagues.
Be careful about the language you use.
Keep things simple and avoid jargon—it may be better to avoid the words 'legal privilege' altogether when communicating with colleagues.
Explain how privilege works and what is needed.
You should explain that LPP protects the organisation’s confidential legal advice and communications from third parties, including regulators and competitors. The key to protecting the material is that the material is confidential, and only shared with defined individuals. It is the duty of all employees to protect the organisation’s privilege.
Employees should not assume their dealings with the in-house legal team will attract legal privilege. Further, merely writing ‘legally privileged’, or similar, on a document will not render it privileged, but may in fact damage the protection, by weakening an assertion of privilege over documents which should be protected.
Similarly, merely asserting a document is ‘without prejudice’ will not provide protection, and the term should not be used without the agreement of the legal team. The protection only arises where
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