The protection of legal advice provided by a lawyer to their
client is critical for a number of obvious reasons. Usually
the advice given will fall within the domain of legal advice
privilege. However, this form of privilege is not automatic,
and is dependent upon the substance of the communication and who,
in reality, constitutes the client.
Understandably, there is often confusion about the various forms
of privilege which may, or more importantly, may not, attach to
certain documents. Of particular importance to corporate
entities is the position in respect of notes prepared by a lawyer
from a consultation or interview with employees of the
client. The English High Court recently grappled with the
issue in The RBS Rights Issue Litigation1,
applying a narrow interpretation to "client".
Though not binding on the Royal Court of Guernsey, English
decisions can be persuasive. Mathew Newman, Head of
Guernsey's dispute resolution team, examines the
judgment2.
