Chapter 9 - Legal Profession Communication Privilege

Question 1

LEGAL PROFESSION COMMUNICATION PRIVILEGE

Overview

Answer 1

1) General rule
2) Scope of privilege
3) Ambit of coverage
4) Exceptions

Question 2

LEGAL PROFESSION COMMUNICATION PRIVILEGE

General rule

Answer 2

S.126 - S.129 EA

Question 3

LEGAL PROFESSION COMMUNICATION PRIVILEGE

Scope of privilege

Answer 3

S.126 -127

1) Whom it covers:
- include interpreters, clerks & servants of the advocate.
2) Lifespan:

• Norton v Lord Ashburton: continues despite the relationship with client has ended.
• Tan Thian Wah v Tan Tian Tok: obligation continues even after employment has ceased & even after the death of client.

Question 4

LEGAL PROFESSION COMMUNICATION PRIVILEGE

Ambit of coverage

Answer 4

What does it cover:

1) Overview - Dato’ Au Ba Chi & Ors v Kok Keng Kheng:

• communication made to the solicitor in the course & for the purpose of his employment as A&S;
• contents of documents which the solicitor becomes acquainted;
• any advices given by solicitor in the course for the purpose of professional communication.

2) Mere business communication - O’rourke v Darbishire & Ors:
- Mere business communication between A&S and client is not privileged.
3) Communication for purpose of seeking legal advices - Dato’ Seri Dr Ling Liong Sik v Krishna Kumar s/o Sivasubramaniam:

• legal professional privilege only covers communication for purpose of seeking legal advices;
• i.e. information & matters in the course of his retainers.

Where does it cover:

1) Include tribunals - Baker v Campbell:
- privilege extends to quasi judicial tribunal such as DB & Rent Board.

Question 5

LEGAL PROFESSION COMMUNICATION PRIVILEGE

Exceptions

Answer 5

2) In furtherance of illegal purpose - S.126 proviso

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