legal professional privilege

Legal professional privilege protects communications between a solicitor and their client that were conducted for the purpose of receiving legal advice, both oral and in writing and documents that are created for the dominant purpose of gathering evidence for use in legal proceedings. In order for legal privilege to be maintained, the information must remain confidential and not have been previously disclosed to third parties. 

Legal professional privilege may be likened to an enforceable duty of confidence, however one should understand that the privilege is an independent right to refuse to disclose documents in to third parties. Mere confidentiality is insufficient to resist disclosure to other litigants in legal proceedings. 

In the event of a mistaken disclosure of privileged material, or where a person threatens to disclose privileged material, a court may in its discretion protect such disclosures and threatened disclosures by injunction. In the case where privileged material has been disclosed to the opposing solicitors or lawyers, the court may also order that the opposing solicitors cease to act.

Usage: The defendant was not obliged to produce the document during Disclosure as it was protected by legal professional privilege.

Related Words: privilege; legal advice privilege; litigation privilege; without prejudice.