Legal Professional Privilege Practice Note
The Law Society has today published a new practice note on Legal Professional Privilege (LPP) that offers solicitors the latest guidance on this fundamental legal principle.
Whilst LPP is vigorously protected by the courts and reflected in a range of legal provisions, recent proposals designed to combat crime, increase consumer choice or improve regulation have threatened to undermine these vital protections in communications between solicitors and their clients.
Speaking about the new practice note, Law Society president Robert Bourns said:
“LPP is vital to a well-functioning justice system,”
“It gives clients the right to control how the information they reveal to their solicitor is used, and gives them the confidence to share the most intimate details of their personal and professional lives.”
“This growing trend to see LPP as something of an ‘inconvenience’ to be surrendered is a critical threat to the ability of clients to work openly and honestly with their solicitor, which is why the Law Society has responded so firmly in each case,”
“The whole solicitor profession must make sure it understands LPP, that clients understand LPP and the rights it gives them. Solicitors must uphold it in their work and be beyond reproach in their application of it if the justice system is to function properly. Solicitors’ stewardship of LPP is intrinsic to the integrity and administration of justice.
“This practice note provides solicitors with comprehensive guidance on how LPP operates, to help them do just that.”