Legal professional privilege for in-house lawyers

Produced in partnership with Noel Power of Addleshaw Goddard
Practice notes

Legal professional privilege for in-house lawyers

Produced in partnership with Noel Power of Addleshaw Goddard

Practice notes
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This Practice Note is intended for in-house lawyers, including lawyers working in-house in law firms. It explains what legal professional privilege (LPP) is, how LPP operates, and to whom it belongs. This Practice Note also explains how LPP can be lost or waived and summarises LPP issues in selected other jurisdictions. It covers legal advice privilege and litigation privilege, which are two distinct types of LPP. It incorporates, where appropriate, SRA guidance on LPP for in-house lawyers. See section: SRA guidance for in-house lawyers.

While aspects of the law on privilege are untested and open to academic debate, for in-house lawyers the question of whether privilege applies will typically be answered by the practical application of core principles and professional judgement.

What is legal professional privilege?

LPP is an umbrella term encompassing:

  1. legal advice privilege (LAP), and

  2. litigation privilege

LPP protects the confidentiality of written and oral communications between lawyers and clients. It is a fundamental right, entitling a party to withhold evidence from production to a third party or a court.

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Noel Power
Noel Power

Managing Associate, Addleshaw Goddard


Noel Power specialises in internal and regulatory investigations and white-collar criminal defence. Noel advises large corporate clients, financial institutions and senior executives across a range of industries including financial services, transport, pharmaceuticals and defence, on their interactions with the UK Serious Fraud Office, the National Crime Agency, HM Revenue & Customs and the US Department of Justice.

Noel focuses his practice on complex, multi-agency and cross-border investigations particularly involving bribery, fraud, corruption and money laundering. Noel’s practical experience of investigating and defending organisations and individuals has led to a compliance and advisory practice assisting national and international organisations in designing, implementing and testing effective compliance measures.

Noel has been listed as a key lawyer by the Legal 500 2022.

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Jurisdiction(s):
United Kingdom
Key definition:
Legal professional privilege definition
What does Legal professional privilege mean?

A portmanteau term comprising legal advice privilege and litigation privilege.

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