Q&As

What is the position in relation to translated documents in the context of legal advice privilege?

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Published on LexisPSL on 18/10/2017

The following Dispute Resolution Q&A provides comprehensive and up to date legal information covering:

  • What is the position in relation to translated documents in the context of legal advice privilege?
  • Legal Professional Privilege
  • Legal advice privilege
  • What is the position in relation to translations and privilege?
  • Inspection of translated documents
  • Would a document that has been sent from solicitor to client (vice versa) without advice be privileged?

What is the position in relation to translated documents in the context of legal advice privilege?

Legal Professional Privilege

The core aim of privilege is to protect the confidentiality of communications between clients and their lawyers. The right belongs to the client and not to the lawyer.

Privilege entitles a party (or their successor in title) to withhold evidence from production to a third party or the court. Once a document is privileged it will always be privileged, subject to inadvertent disclosure or waiver by the client. However, it is important to be aware that privilege may be lost by the document entering the public domain, eg by it being read to or by the court or by it being referred to in a public hearing.

The various forms of privilege are:

  1. legal professional privilege, which includes legal advice privilege and litigation privilege

  2. joint privilege

  3. common interest privilege

  4. privilege against self-incrimination

Legal advice privilege

Legal advice privilege protects from inspection confidential communications between A (the client) and B (the professional legal advisor or in-house lawyer) for the sole or dominant purpose of giving or obtaining legal advice or assistance on A’s rights and liabilities and what should prudently

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