Update on Legal Advice Privilege
By Mike R. Stewart and Nita Mistry, K&L Gates London
In common law jurisdictions, legal professional privilege prevents communications between a professional legal adviser and their clients from being disclosed. There are two main types of privilege:
- Legal advice privilege, which protects confidential communications between lawyers and their clients; and
- Litigation privilege, which protects confidential communications, provided that such communications have been created for the dominant purpose of obtaining legal advice for litigation.