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In contrast to legal advice privilege (where the relevant category of communications is broadly-construed), for litigation privilege to apply, communications to and from a professional legal adviser or third party (or between them) must take place in the context of, and for the sole or dominant purpose of, actual or contemplated litigation. [20]
The Turkish Advocacy Code's rationale for the rules of legal professional privilege is that confidentiality enables lawyers to accurately encourage strong cases, which improves the efficiency of the legal system. [17] There is a fraud exception to both litigation privilege and legal advice privilege. [17]
Professional privilege may refer to rights to maintain confidentiality in various professions and jurisdictions: Accountant–client privilege in the United States; Legal professional privilege: Legal professional privilege (Common Law) Legal professional privilege (Australia) Legal professional privilege (England & Wales)
Refusal to conform with a humble address, which is binding, risks the Government being found in contempt of Parliament for the second time within a year; [59] in the first instance, Parliament voted in December 2018 that legal professional privilege was not a defence to a charge of contempt, in relation to the Government's initial refusal to ...
The Government refused, saying doing so would breach legal professional privilege. The case was appealed to the information commissioner in April 2021, who has now released his ruling.
Legal professional rules have tended to adopt the broad view of the scope of duty recognised in contract law. The obligation to retain information in confidence, according to the professional rules in Australian jurisdictions is premised on its connection with the legal retainer rather than the source of the information. Hence, the professional ...
The Law Officers’ advice to government is subject to legal professional privilege (LPP) and is confidential. [ 21 ] The Shawcross Convention – The Law Officers may consult with other ministers as to the 'public interest' when making prosecution decisions, but must make the decision entirely on their own judgement and without party political ...
The orthodox view is that under the law of England and Wales privileged communication exists only in the context of legal advice obtained from a professional adviser. [1] [2] A statement of the law on priest–penitent privilege is contained in the nineteenth century case of Wheeler v. Le Marchant: