Legal professional privilege—quick guide for staff
Legal professional privilege—quick guide for staff

The following Risk & Compliance precedent provides comprehensive and up to date legal information covering:

  • Legal professional privilege—quick guide for staff

Legal professional privilege—quick guide for staff

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

What is legal professional privilege?

LPP protects the organisation’s confidential legal advice and communications from third parties, including regulators and competitors.

There are two principle forms of legal professional privilege: legal advice privilege and litigation privilege:

Legal advice privilegeLitigation privilege
Legal advice privilege enables the organisation to put complete confidence in its lawyers. It applies to communications made in confidence between lawyer and client for the purpose of giving or receiving legal advice.
There are five essential elements to legal advice privilege; all of which must exist for advice privilege to apply:
legal advice: as the name suggests, legal advice privilege only covers legal advice, ie advising about the law and advice as to what should prudently and sensibly be done in the relevant legal context
confidentiality: legal advice privilege cannot be claimed unless the evidence is confidential
lawyer: the communication must be to or from a lawyer[, which can be an in-house lawyer or an external lawyer]
client: the communication must be to or from a client
dominant purpose: the claimer of the privilege must show that the dominant purpose of that communication or document was to give legal advice
The last element is very important. Not all our employees will be considered a ‘client’. Only employees

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