Legal privilege attaches to any advice provided by outside counsel.
Not exact matches
Legal privilege will not
attach to what is said and written in the course of the basis and advances schemes.
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.
In the context of a commercial transaction, common interest
privilege allows parties to share privileged information (e.g.,
legal opinions) without waiving the
privilege that otherwise
attaches to that information, provided that:
The tangible
legal benefit to a party of negotiations being without prejudice is equally well understood: subject to certain exceptions,
privilege attaches to the content of those negotiations rendering the contents wholly inadmissible.
• 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.
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.
So, the best practice would be not to use the dictation feature on an iPhone 4s for any dictated information to which you intend
legal privilege to
attach.
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.