1. Legal privilege
Robert Wheeler

2. 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

3. 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