Legal professional privilege (LPP)—quick guide for staff
Published by a LexisNexis Risk & Compliance expert
PrecedentsLegal professional privilege (LPP)—quick guide for staff
Published by a LexisNexis Risk & Compliance expert
Precedentslegal 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
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 privilege Litigation 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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