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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]
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]
United States attorney–client privilege case law (7 P) Pages in category "Legal professional privilege" The following 10 pages are in this category, out of 10 total.
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)
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 ...
Various examples of old common law privilege still exist – to title deeds, for example. [1] Etymologically, a privilege (privilegium) means a "private law", or rule relating to a specific individual or institution. The principles of conduct that members of the legal profession observe in their practice are called legal ethics. [2]
Michael Kirby has described legal professional privilege as an "important human right deserving of special protection for that reason". [3] The Australian Law Reform Commission has adopted the terminology 'client legal privilege', as opposed to 'legal professional privilege', on the basis the privilege is held by the client not the lawyer. [4 ...
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