Legal advice privilege: if your name's not down...

Legal advice privilege (LAP) is one of the two forms of legal professional privilege (LPP) that entitle clients to refuse to disclose certain confidential communication to other parties such as tribunals and regulatory bodies.  

The principle is there to enable a client to place unrestricted confidence in their lawyer — this only applies to members of the legal profession (specifically members of the Bar, the Law Society and the Chartered Institute of Legal Executives). Legal executives, trainee solicitors and paralegals are also covered, provided they are properly supervised by a qualified lawyer.    

The ‘clients’ protected by LAP will only include those individuals who have been specifically tasked with seeking and obtaining legal advice. Where a client is a company, not all of the documents produced by its employees and sent directly to lawyers will be privileged…

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