Posted on 18/08/03
When legal privilege has a common interest
The doctrine of legal privilege is easy to define, but not always easy to obtain. Privilege flows from the right of a person to obtain skilled advice about the law. The rule is one of fundamental justice. A person cannot properly obtain legal advice if he or she does not have confidence in the sanctity of communications -- untrammelled by any apprehension of disclosure -- with the legal adviser. Thus, privilege flows from the lawyer's duty of confidence and the client's right of privacy.
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