Jurisdiction And Legal Advice Privilege

Legal Professional Privilege recognises a client's right to be honest with their legal adviser, without fear of disclosure of sensitive information to other parties. The courts in this jurisdiction recognise two categories of Legal Professional Privilege:

1. Litigation Privilege attaching to communications made with the dominant purpose of preparing for litigation; and
2. Legal Advice Privilege.

In this article we focus on the category of Legal Advice Privilege and how jurisdiction can impact the assertion of it.  

The Irish courts have established that Legal Advice Privilege will only apply to:  

• confidential communications;
• between a lawyer;
• and a client;
• for the purpose of giving or receiving legal advice.