Use and Abuse of Legal Professional Privilege
This two-part course provides a useful examination of the scope, proper use and potential for misuse of common law legal professional privilege and the statutory doctrine of client legal privilege.
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.
This fully updated and revised course also discusses recent case law and its implications, including AB & EF v CD (Lawyer X) and Glencore International AG v Commissioner of Taxation.
The course is divided into two parts. Part 1 of the course examines:
- the scope of common law legal professional privilege, including legal advice privilege and litigation privilege;
- making claims for privilege, including a discussion of when privilege claims will be inadequate or insufficient, or made for an improper purpose;
- the practice of masking or redacting certain parts of documents or communications for which privilege is claimed;
- the scope of the ‘crime or fraud’ exception to legal professional privilege.
Part 2 of the course 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;
- the circumstances in which privilege will be waived; and
- 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.