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In common law jurisdictions and some civil law jurisdictions, legal professional privilege protects all communications between a professional legal adviser (a solicitor, barrister or attorney) and his or her clients from being disclosed without the permission of the client. The privilege is that of the client and not that of the lawyer.
Legal professional privilege is the principal reason why inspection of documents is refused, and is regarded as a fundamental principle of justice. It is an exception to the general cards on the table outlook of the CPR.
Attorney–client privilege or lawyer–client privilege is the common law doctrine of legal professional privilege in the United States. Attorney–client privilege is "[a] client's right to refuse to disclose and to prevent any other person from disclosing confidential communications between the client and the attorney."
The Australian Law Reform Commission has adopted the terminology 'client legal privilege', as opposed to 'legal professional privilege', on the basis the privilege is held by the client not the lawyer. [4] 'Client legal privilege' is the terminology used in Commonwealth and state evidence statutes.
One well-known privilege is the solicitor–client privilege, referred to as the attorney–client privilege in the United States and as the legal professional privilege in Australia. This protects confidential communications between a client and his or her legal adviser for the dominant purpose of legal advice. [1]
Professional privilege may refer to rights to maintain confidentiality in various professions and jurisdictions: Accountant–client privilege in the United States; Legal professional privilege: Legal professional privilege (Common Law) Legal professional privilege (Australia) Legal professional privilege (England & Wales)
Solosky v R (1979), [1980] 1 S.C.R. 821 is a leading Supreme Court of Canada decision on solicitor-client privilege. The court identified solicitor-client privilege as more than just a rule of evidence but as a fundamental right to all individuals.
Various examples of old common law privilege still exist – to title deeds, for example. [1] Etymologically, a privilege (privilegium) means a "private law", or rule relating to a specific individual or institution. The principles of conduct that members of the legal profession observe in their practice are called legal ethics. [2]