Legal privilege Robert Wheeler

Principles of privilege Rationale A privilege of client, not lawyer Question of substance not form Loss of confidentiality dissolves privilege...paper safer Legal advice and litigation advice

Types of privilege Legal advice privilege: Litigation advice privilege Must be both lawyer and client present, the latter authorised to give instructions and receive advice The must be a communication Not all preparatory material privileged Communication must be ‘legal advice’ Litigation advice privilege There need not be a lawyer present...but Going to law must be more than a mere possibility Communication must have litigation as dominant theme