Legal professional privilege (LPP)—quick guide for staff

Published by a LexisNexis Risk & Compliance expert
Precedents

Legal professional privilege (LPP)—quick guide for staff

Published by a LexisNexis Risk & Compliance expert

Precedents
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legal professional privilege (LPP) is a fundamental right, entitling [insert organisation’s name] to withhold evidence from production to a third party or court. It allows the organisation to obtain skilled advice about the law, putting all relevant facts before our legal advisers without fear that they may afterwards be disclosed and used against us.

This quick guide explains what legal professional privilege (LPP) is and how we can best protect it.

    1. 1

      What is legal professional privilege?

      LPP is an umbrella term encompassing:

      —legal advice privilege (LAP), 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 a court.

      Legal advice privilegeLitigation privilege
      Legal advice privilege attaches to all communications made in confidence between a client and their lawyer for the purpose of giving or obtaining legal advice.There are five essential elements to legal advice privilege; all of which must exist for advice privilege to apply:—a lawyer must be present in the communication—an authorised client must be present in the communication—the
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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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