Attorney Client Privilege With Board Of Directors In Middlesex
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The attorney-client privilege is a legal doctrine that protects the confidentiality of communications between attorneys and their clients. With certain limited exceptions, courts cannot require a party to disclose communications that are protected by the attorney-client privilege.
In England and Wales, the principle of legal professional privilege has long been recognised by the common law. It is seen as a fundamental principle of justice, and grants a protection from disclosing evidence. It is a right that attaches to the client (not to the lawyer) and so may only be waived by the client.
EU legal professional privilege applies to communications between a client and its EEA qualified external lawyer. Communications between in-house counsel and their in-house client are not protected.
This protection extends to any information exchanged during these privileged communications, encompassing not only verbal discussions but also written correspondence, emails, text messages, and other forms of communication. The privilege belongs to the client, meaning they have the authority to waive or invoke it.
Privilege allows lawyers and clients to communicate freely and candidly, with the expectation that these communications will remain private. This helps to ensure lawyers are fully informed and permits clients to disclose everything necessary in furtherance of their legal objectives.
The purpose of legal professional privilege Clients must be able to speak openly with their lawyer in order that they can receive the best advice and do so knowing that those communications, in specific contexts (described further below), will not be disclosed without their consent.
Legal advice privilege protects client/lawyer communications from the time the communication is made until it is waived either by the client or by some other person such as a successor, who is entitled to do so. If there is no one to do so, the privilege, having been established, is absolute and remains in existence.
