Requirements for legal advice privilege Legal professional privilege in England and Wales

legal advice privilege applies communications foreign lawyers, necessary relationship of lawyer , client exists. not extend advisors not legally qualified or communications members of other professions.

all statements made @ joint consultations between parties , respective solicitors , counsel, though made 1 party solicitor or counsel of other party, privileged. communications made in professional capacity purpose of giving or receiving professional advice, including information received solicitor in professional capacity third party , communicated client.

the test legal advice privilege establish whether communication in question made confidentially purpose of legal advice – construing such purposes broadly. breadth emphasized house of lords, has stated policy justification legal advice privilege rests not on right of individual obtain confidential legal advice, on public interest in observance of law , administration of justice. house therefore decided legal advice privilege given scope commensurate these wide policy considerations. achieve end, legal advice not narrowly construed limited advice on client s legal rights , liabilities. broadly construed, include advice should prudently , sensibly done in relevant legal context. there doubt relevant legal context, court should ask (a) whether advice related rights, liabilities, obligations or remedies of client under either private or public law; and, if so, (b) whether communication fell within policy justification privilege.