A flowchart giving an overview of the key requirements for legal advice privilege and litigation privilege in England and Wales plus ten rules for retaining privilege.

Any recorded communication (for example: emails, recorded phone conversations (including voicemails), letters, memoranda, computer records etc) may have to be produced to the other party in litigation or other adversarial proceedings if the record is relevant to the proceedings. One exception is where the record is privileged. Privilege can protect confidential communications between lawyers (in-house or external) and clients where the dominant purpose of the communication is to seek/obtain legal advice ("legal advice privilege"). It will also protect some confidential communications with third parties, where there are actual or likely adversarial proceedings ("litigation privilege").

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Authored by Michael Davison and Jennifer Dickey.

Michael Davison
Deputy CEO
Jennifer Dickey


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