Supreme Court confirms lawyers' special status in providing privileged advice

In a decision that has vital implications for all those instructing professional advisers, the Supreme Court has confirmed that legal advice privilege, which protects the advice given by lawyers from disclosure, does not apply to other professions.

The decision has vital implications for all those instructing professional advisers, as it is now clear that only where the advice is provided by a lawyer will the client be able to argue that it is protected from disclosure by the common law doctrine of legal advice privilege.  The result will be a disappointment for accountants in particular, who have been pressing for legal advice privilege to be extended to the advice that they provide…

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