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ARTICLE · 25 JANUARY 2021

Legal professional privilege

What is Legal professional privilege? Is it under threat?

AustraliaLitigation, Mediation & Arbitration

It was noted recently by the chief justice of New South Wales that there was a real threat to professional legal privilege at present. He had found 162 provisions that abrogate the right to legal professional privilege.

Legal professional privilege (LPP) is a rule of law protecting communications between legal practitioners and their clients. The aim of LPP is to stop the disclosure of communications other than under the compulsion of court orders. It is an incredibly important right for a client that the person they discuss their case with is not to then discuss it with someone else. The reason for this is blindingly obvious that to give people full opinions and advice about what to do with a case the lawyer needs to be filled in on all the details. If the client is looking over the lawyer's back at who might come and read those communications then they will be more reluctant to give a complete account to the lawyer.

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