Protecting your privilege: a refresher on legal professional privilege for insurers

In brief - Legal professional privilege has some special considerations for insurers

This article examines the dominant purpose test, legal advice privilege, litigation privilege, joint privilege, common interest privilege and waiver of privilege in the insurance context with reference to relevant cases.

What is legal professional privilege?

Legal professional privilege (LPP) protects from disclosure to third parties, the Court and regulators confidential communications between a client and their lawyers or the contents of a confidential document (prepared by the client, lawyer or another person), for the dominant purpose of:

• the lawyer (or lawyers) providing legal advice to the client – known as legal advice privilege, or