IN BRIEF
A recent decision of the Federal Circuit Court in an adverse
action claim, has served to remind us of the pitfalls of lawyers
carrying out investigative work for clients and then giving them
legal advice based on their investigation. In this case legal
professional privilege was held to have been waived.
Generally, communications between solicitors and their clients
are protected by legal professional privilege, allowing
communications between the parties to be frank and honest without
fear of disclosure. The privilege of confidentiality belongs to the
client and therefore can be waived or lost by the client's
actions in relation to the communication.
Legal professional privilege can be waived where it is perceived
that the client has acted in a manner that is inconsistent with the
maintenance of the privilege. Cases of inconsistency commonly arise
where clients disclose either orally or in writing to a third party
or the public at large, the content
