Sentences with phrase «legal advice privilege attaches»

Not exact matches

Mediators like accountants plainly fall outside the protection of legal professional privilege, which attaches to communications between lawyers and their clients by virtue of the status of the lawyer as such, rather than merely because a person is giving legal advice.

• As you become increasingly involved in developing business solutions and making business decisions, you need to practise identifying and separating legal from business advice, as privilege will not attach to the latter.

Legal privilege attaches to any advice provided by outside counsel.

Where litigation is in reasonable contemplation, litigation privilege will attach to material that forms part of the continuum of the lawyer — client communications even where those documents do not expressly seek or convey legal advice.

Therefore, litigation privilege will only attach if the communications are made because of existing or contemplated litigation, and not just to provide general legal advice.

In the United States there is a practical refinement: where for a particular exercise members of the internal audit team are designated as working under the direction and control of the legal department, as its agent, for the purpose of providing expert assistance to the legal department in rendering legal advice to management then privilege will attach to their communication.25 In the United Kingdom this may be theoretically possible in circumstances where the audit team forms part of a working group under the control of a legal counsel or team, yet the very distinct role differentiation between audit and legal functions in UK corporate governance makes this a hard argument to sustain.

Law firms, like any other business, may consult internal counsel as they would outside counsel, and privilege attaches to legal advice or a request for legal advice which is intended to be confidential.