Privilege and the corporate deal

Roger Forbes; John Juriansz

Privilege and the corporate deal

Roger Forbes, John Juriansz

Research output: Contribution to journal › Article

Abstract

Confidential communications passing between a lawyer and client on matters within scope of the lawyerÃƒÂ¢Ã¢"šÂ¬Ã¢"žÂ¢s retainer are generally subject to legal professional privilege if made for the dominant purpose of giving legal advice or communicating instructions or information to facilitate the provision of legal advice (ÃƒÂ¢Ã¢"šÂ¬Ã…"advice privilegeÃƒÂ¢Ã¢"šÂ¬Ã‚Â); or use in existing or anticipated litigation (ÃƒÂ¢Ã¢"šÂ¬Ã…"litigation privilegeÃƒÂ¢Ã¢"šÂ¬Ã‚Â). While litigation privilege extends to many third party communications, application of advice privilege to third party communications is more problematic.

Original language	English
Number of pages	4
Journal	Australian Corporate Lawyer : a Newsletter
Publication status	Published - 2004

Keywords

advice privilege
confidential communications
litigation
litigation privilege

Cite this

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author = "Roger Forbes and John Juriansz",

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journal = "Australian Corporate Lawyer : a Newsletter",

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AU - Forbes, Roger

AU - Juriansz, John

PY - 2004

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N2 - Confidential communications passing between a lawyer and client on matters within scope of the lawyerÃƒÂ¢Ã¢"šÂ¬Ã¢"žÂ¢s retainer are generally subject to legal professional privilege if made for the dominant purpose of giving legal advice or communicating instructions or information to facilitate the provision of legal advice (ÃƒÂ¢Ã¢"šÂ¬Ã…"advice privilegeÃƒÂ¢Ã¢"šÂ¬Ã‚Â); or use in existing or anticipated litigation (ÃƒÂ¢Ã¢"šÂ¬Ã…"litigation privilegeÃƒÂ¢Ã¢"šÂ¬Ã‚Â). While litigation privilege extends to many third party communications, application of advice privilege to third party communications is more problematic.

AB - Confidential communications passing between a lawyer and client on matters within scope of the lawyerÃƒÂ¢Ã¢"šÂ¬Ã¢"žÂ¢s retainer are generally subject to legal professional privilege if made for the dominant purpose of giving legal advice or communicating instructions or information to facilitate the provision of legal advice (ÃƒÂ¢Ã¢"šÂ¬Ã…"advice privilegeÃƒÂ¢Ã¢"šÂ¬Ã‚Â); or use in existing or anticipated litigation (ÃƒÂ¢Ã¢"šÂ¬Ã…"litigation privilegeÃƒÂ¢Ã¢"šÂ¬Ã‚Â). While litigation privilege extends to many third party communications, application of advice privilege to third party communications is more problematic.

KW - advice privilege

KW - confidential communications

KW - litigation

KW - litigation privilege

UR - http://handle.uws.edu.au:8081/1959.7/40035

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JO - Australian Corporate Lawyer : a Newsletter

JF - Australian Corporate Lawyer : a Newsletter

ER -

Privilege and the corporate deal

Abstract

Keywords

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