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ARTICLE · 05 JUNE 2024

Legal professional privilege and experts' reports – what's covered, what's not, and how difficult it can be to get it right

Bartier Perry Solicitors
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Exactly what is protected by LPP will vary depending on context.

AustraliaLitigation, Mediation & Arbitration
David Creais
David Creais
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Legal professional privilege (LPP for short) is an essential aspect of the law, enabling lawyers and clients to communicate in confidence, without fear of information being disclosed to others or used in court without their consent.

It generally covers:

  • documents and communications prepared for giving or receiving legal advice
  • documents and communications prepared for actual or anticipated litigation.

For LPP to apply, a communication or contents of a document must be made in confidence in the first place. That confidence must then be maintained if the privilege is to remain in place.

LPP does not just cover lawyer-client communications. It may also cover material (such as reports) created by an expert, or ancillary documents such as letters between lawyer and expert, notes and memos taken during discussions with an expert witness, and draft reports.

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