What is Legal Professional Privilege (LPP)

 

The term ‘Legal Professional Privilege’ can be described as a right which attaches to certain types of confidential communication. This prevents such communication between lawyers and their clients from ever being disclosed, even in court. LPP comprises of Legal Advice Privilege and Litigation Privilege.

Legal Advice Privilege protects not only confidential communication, but written or oral communications, between a lawyer and client from being disclosed. This is if the communication is for seeking and receiving legal advice. 

Litigation Privilege protects confidential communication, written or oral, between a lawyer, client and third party from also being disclosed. The communication must be for the dominant purpose of obtaining legal advice, evidence or information in preparation or contemplation or actual litigation.

This therefore excludes fact finding enquiries and investigations.