The Law Society has released new guidance on legal professional privilege, in the form of a practice note. It focuses particularly on lawyers' responsibility when asserting LPP to ensure that it is used appropriately.
If you're interested to learn more about this key topic, why not attend CLT's 'Legal Privilege: A Guide for Practitioners' half-day course? It will guide you through the scope and limits of both LPP and without prejudice privilege, as they apply to civil litigation. It also explains the protection privilege gives to clients facing regulatory investigation and so will be of particular interest to in-house counsel.
LPP protects all communications between a solicitor or barrister and his or her clients from being revealed without the permission of the client. LPP is one of the highest rights recognised by English law. It arises when clients approach lawyers for legal advice or for assistance with resolving contentious issues. LPP, which has existed for over 400 years, is treated under English law as a fundamental common law right and as a human right. It is a necessary corollary of the right of every person to seek legal advice and it plays a crucial role in ensuring the proper administration of our justice system. Accordingly, it is a precious right, vigorously protected by our judiciary and usually treated with the utmost respect by parliament when it legislates.