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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]
The Legal profession in England and Wales is divided into two distinct branches under the legal system, those of solicitors and barristers. Other legal professions in England and Wales include acting as a judge , as the Attorney-General, as the Solicitor-General, or as the Director of Public Prosecutions.
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)
The work of senior legal professionals in England and Wales is divided between solicitors and barristers. Both are trained in law but serve differing functions in the practice of law. Historically, the superior courts were based in London, the capital city. To dispense justice throughout the country, a judge and court personnel would ...
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:
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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 ...
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