In the context of in-house legal counsel, legal professional privilege (also known more aptly as client legal privilege), has received considerable attention from the courts in recent years. Unlike external lawyers, where the necessary independence of the lawyer is usually evident from the nature of the relationship between counsel and their clients, for in-house counsel it may be more difficult to establish some of the fundamental tenets of legal professional privilege, namely that an in-house counsel must demonstrate both their independence and the capacity in which they are acting if their advice is to be protected from disclosure.

There is a plethora of law on the subject of legal professional privilege and this topic is not intended to provide a detailed analysis. Rather, it provides an overview of the general principles and recent developments and provides some key tips and traps for in-house counsel.

This guidance note discusses the general principles of legal professional privilege such as:

• independence;

• dominant purpose;

• communication with third parties;

• statute;

• waiver; and

• the common interest privilege.

It also outlines some recent cases and issues that in-house counsel should be aware of.

See General principles.

This guidance note provides tips for in-house counsel in navigating legal professional privilege, recognising that in-house counsel are in a different position to lawyers in a law firm and face unique challenges as a result.

See Tips and traps for in-house lawyers.