Use and Abuse of Legal Professional Privilege
Ethics and Professional Responsibility
CPD Points 2
Legal professional privilege is an important common law right or immunity. This course examines the scope of common law legal professional privilege and the statutory doctrine of client legal privilege. In particular, the proper use and potential for misuse of privilege is examined in detail. The course is divided into two parts.
Part 1 examines the scope of common law legal professional privilege, including legal advice privilege and litigation privilege. Part 1 also discusses making claims for privilege, including a discussion of when privilege claims will be inadequate or insufficient, or made for an improper purpose. It also considers the practice of masking or redacting certain parts of documents or communications for which privilege is claimed.
Part 2 discusses the role of the court in inspecting documents over which privilege is claimed, and the evidence required to support a claim for common law legal professional privilege. Part 2 also examines the scope of the ‘crime or fraud’ exception to legal professional privilege and the circumstances in which privilege will be waived. It also considers the nature and scope of client legal privilege under the Uniform Evidence Acts, including a discussion of the efforts made to extend the application of the statutory doctrine of client legal privilege.
It is strongly recommended that you complete both Part 1 and Part 2 to ensure you gain a complete understanding of this topic.
Note: WA lawyers are able to claim CPD points for this course in two competency areas: Ethics and Professional Responsibility (1-Point) and Substantive Law (1-Point)
Dr. Suzanne McNicol QC
Dr Suzanne McNicol QC has extensive expertise in the area of legal privilege, authoring the leading text on the subject and appearing in several significant matters dealing with this area of law.
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