Legal professional privilege for in-house lawyers

This subtopic explains the concept of privilege between clients and their lawyers from the perspective of an in-house lawyer.

What is legal professional privilege?

Legal professional privilege (LPP) protects the confidentiality of written and oral communications between lawyers and clients. It entitles a party to withhold evidence from production to a third party or court.

Legal advice privilege (LAP) and litigation privilege are distinct forms of LPP.

Legal advice privilege

LAP enables clients to put complete confidence in their lawyer. It applies to communications made in confidence, between lawyer and client, for the purpose of giving or receiving legal advice.

There are five essential elements; all of which must exist for LAP to apply:

•
legal advice
•
confidentiality
•
lawyer
•
client
•
dominant purpose

Legal advice given by in-house lawyers, whether privately or publicly employed, will attract LPP in the same way as any other lawyer, and the privilege will extend

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