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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]
The effect of the privilege is usually a right on the part of a party or witness to a case, allowing them to refuse to produce evidence in the form of documents or testimony from the person entitled to the privilege. For example, a person can generally prevent their attorney from testifying about the legal relationship between attorney and ...
In common law jurisdictions and some civil law jurisdictions, legal professional privilege protects all communications between a professional legal adviser (a solicitor, barrister or attorney) and his or her clients from being disclosed without the permission of the client. The privilege is that of the client and not that of the lawyer.
For example, if the practitioner provides business or accounting advice rather than legal advice attorney–client privilege might not be established. Under federal tax law in the United States, for communications on or after July 22, 1998, there is a limited federally authorized accountant–client privilege that may apply to certain ...
The government need not be a party to proceedings for privilege to be raised. [2] Privilege, being vested in the public interest and not a party, cannot be waived by a party. However, if the information has been published elsewhere this is a very strong factor towards the public interest of disclosure. [3] This privilege may be claimed on two ...
In tort common law, the defense of necessity gives the state or an individual a privilege to take or use the property of another. A defendant typically invokes the defense of necessity only against the intentional torts of trespass to chattels, trespass to land, or conversion.
Parliamentary privilege is, however, something that forms part of the law rather than putting Members of Parliament above the law: for example, the MPs Chris Huhne and Fiona Onasanya were both successfully convicted of non-parliamentary criminal offences in the 2010s; [3] and the 2010 Supreme Court case R v Chaytor, argued in the wake of the ...
In the United States, the traditional privilege (inherited from British common law) of "fair comment" is seen as a protection for robust, even outrageous published or spoken opinions about public officials and public figures. Fair comment is defined as a "common law defense [that] guarantees the freedom of the press to express statements on ...