Legal Advice Privilege Flashcards
(13 cards)
What are the two types of Legal Professional Privilege (LPP)?
Legal Advice Privilege
Litigation Privilege
What does Legal Advice Privilege protect?
Confidential communications between a client and legal adviser made for the purpose of seeking or giving legal advice.
What are the criteria for Legal Advice Privilege to apply?
Communication
Between client and lawyer
Made in confidence
For legal advice (not assistance)
What key case held that LPP is more than a rule of evidence?
Miley v. Flood [2001] 2 IR 50
What did Lord Taylor state in R v. Derby Magistrates Court, ex p. B?
Privilege is essential because a client must be able to consult a lawyer in confidence without fear of disclosure.
What is the significance of Smurfit Paribas Bank Ltd v. AAB Export Finance Ltd?
It distinguishes between legal advice (privileged) and legal assistance (not privileged). Confidentiality and purpose are key.
Is Legal Advice Privilege permanent?
Yes—University College Cork v. ESB [2014] IEHC 135 held it is permanent unless waived by the client.
Who holds the right to assert or waive privilege?
Only the client—not the lawyer.
What happens if privilege is waived by mistake?
Courts may restore privilege if it was clearly a mistake and recognized as such by the other side (Byrne v. Shannon Foynes).
Why is confidentiality critical in Legal Advice Privilege?
Without it, clients may withhold information, undermining accurate legal advice and fair administration of justice.
Can legal advice given by a lawyer’s agents (e.g., secretary) be privileged?
Yes—Wheeler v. Le Marchant (1881)—if made under direction of the lawyer and in confidence.
What is not protected under Legal Advice Privilege?
Communications not made in confidence or not for the dominant purpose of legal advice (Bord na gCon v. Murphy).
How does Legal Advice Privilege differ from Litigation Privilege?
Legal Advice Privilege applies to all legal advice; Litigation Privilege only applies when litigation is pending or contemplated.
