privilege

There are a number of forms of privilege in law, namely legal professional privilege, litigation privilege,  without prejudice privilege, and the privilege against self-incrimination. These forms of privilege may be likened to extensions to confidentiality.

Privilege in this context allows maintenance of confidentiality in matters such as obtaining legal advice and communications reasonably necessary in obtaining such legal advice, such that communications are protected from production or disclosure during the course of legal proceedings or during the course of an investigation by regulators. Privilege is important because it means that clients are able to give full and frank disclosure of the relevant facts to their lawyers, without fear that it will be disclosed during the course of litigation for the purpose of determining their liability.

There are very limited exceptions to where privilege will not apply;  they include where fraud is involved. Furthermore privilege may be lost by voluntary disclosure by the person entitled to the privilege.

Usage: The notes made by the person during the telephone call with their solicitor was privileged.

Related Words: legal professional privilege; without prejudice; privilege against self-incrimination; without prejudice save as to costs; solicitor; lawyer; barrister.