Legal professional privilege for in-house lawyers
Produced in partnership with Peter Ratliff of 6KBW College Hill

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 for in-house lawyers
  • What is legal professional privilege?
  • Why is LPP important?
  • Legal advice privilege
  • Legal advice
  • Confidentiality
  • Lawyer
  • Client
  • Dominant purpose
  • LAP and in-house lawyers
  • More...

Legal professional privilege for in-house lawyers

This Practice Note is intended for in-house lawyers, including lawyers working in-house in law firms, eg in the compliance or general counsel function. It explains what legal professional privilege (LPP) is, how LPP operates and who it belongs to. This Practice Note also explains how LPP can be lost or waived and summarises LPP issues in other jurisdictions. It covers legal advice privilege and litigation privilege, which are two distinct types of LPP.

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 legal advice privilege and 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 court.

Where privilege exists, it does not generally displace the obligation to disclose the document's existence, it merely means the relevant document will not generally be produced to the other parties, the court and/or third parties, as appropriate.

Documents that are merely confidential, but not privileged, are not afforded such enhanced protection.

Why is LPP important?

LPP is a fundamental human right long established by the common

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