PROTECTING AND PRESERVING: ASSERTING AND MAINTAINING PRIVILEGE
Legal professional privilege remains a fast-moving and highly significant area of law. It is a fundamental right that enables parties to seek legal advice and to communicate confidentially in the context of litigation without being compelled to disclose those communications to a court or any third party. The doctrine is grounded in the principle that an individual must be free to obtain advice about legal obligations and rights without fear that those discussions will later be subject to external scrutiny.
Legal professional privilege protects an individual’s ability to obtain legal advice in confidence, and privileged communications can be withheld unless the client consents to their disclosure. This protection reflects the broader concept that candid and legally informed communication between a client and lawyer is essential to the effective administration of justice.
Given both the importance of privilege and the serious consequences that arise when it is lost, it is crucial that lawyers, in-house counsel and companies remain alert to developments in this area of law. The modern business environment, marked by heightened regulatory oversight and complex digital communication habits, further intensifies the need for careful practice and robust internal systems.
Types of privilege
Privilege takes several distinct forms depending on the circumstances in which it arises. The principal categories are legal advice privilege, litigation privilege and without prejudice privilege, each of which falls under the broader concept of legal professional privilege.
Apr-Jun 2026 issue
Richard Summerfield