What is Legal Professional Privilege?

Kang & Co Solicitors

Legal Professional Privilege (LPP) is the fundamental legal right a client holds to have communication between themselves, and their lawyer kept confidential, this is commonly referred to as client confidentiality.

LPP constitutes that any advice sought or given by their, Solicitor, Barrister or Legal Advisor is private unless the client wishes to disclose it to a third party. All lawyers advising clients must comply with LPP and are not allowed to disclose any advice, or the contents of what a client has told them to a third party, without consent from their client.

 LPP provides clients with protection and re-assurance in knowing that their communication or the contents of their discussions with a lawyer will not be disclosed to third parties without their permission.

 

When does Legal Professional Privilege apply?

LPP relates to the seeking and giving of legal advice, as soon as you have appointed your LPP is established and remains however, it should not be assumed that all forms of communication with lawyers and other legal advisors will be protected from disclosure.

LPP only applies to communication (oral/written) between the lawyer and the client for the specific purpose of receiving/giving legal advice. There is no expiry on legal professional privilege, once it is established unless it is waivered it will remain in absolute existence.

LPP relates to all material forming the communication between the lawyer and client. The confidentiality also applies to documents that do not expressly seek or convey legal advice. Client confidentiality applies from the time communication takes place until, or if is waivered by the client.

LPP applies to all legal advisors such as: Barristers, Solicitors, Trainee Solicitors, Legal Executives and Paralegals provided they are supervised by a qualified lawyer. The privilege also applies to foreign lawyers assuming they are acting within their legal capacity concerning their legal advice.

 

Why is client confidentiality important?

The relationship between a client and their lawyer remains confidential due to LPP.

This enables clients to be open and honest with their Solicitor, Barrister or Lawyer because they can provide an accurate account to their legal representative in relation to the issue they face.

Accurate background information, regardless of how embarrassing it may be, from a client will result in tailored and accurate legal advice which contributes substantially towards clients receiving the right outcome for their case.

A client should never feel that what they disclose to their lawyer is not protected as this may result in clients not being open and truthful with their legal representative.

It is for this reason clients should be re-assured that once they have formally appointed their Solicitor, Barrister or Law Firm, information they disclose in respect of their case, remains Private and Confidential.

 

At Kang and Co Solicitors, we represent clients for a wide range of Motoring and Criminal Offences from speeding through to serious sexual offences, and we always encourage our clients to be as open and transparent with us from the outset, so that we can provide them with the tailored legal advice that they require.

Should you wish to appoint a legal professional, please be reassured that your correspondence with your Legal Advisor / Solicitor is and will always remain confidential.