September 2, 2013

Legal professional privilege protects communications between a legal adviser and client from compulsory disclosure. While the process for properly asserting a claim of professional privilege is stringent, once established, it affords absolute protection. As a result, parties seeking to discover communications over which privilege is claimed often contest the existence of that privilege. Alternatively, they may argue that any such privilege has been waived.

As privilege is a well established principle this paper will not seek to do more than recap the requirements for a valid claim of privilege, look briefly at the categories in which privilege has been found to have been waived and provide a synopsis of contemporary cases where the courts have examined claims for legal professional privilege.

View the paper here: Privilege: General Overview of Principles and How to Apply Them