Types of Privilege Flashcards
What type of communication is protected by legal advice privilege?
A. Confidential communication between lawyer and client giving or receiving legal advice
B. Communications aimed at settling a dispute
C. Communication with a witness for trial
D. Public statements by a party’s solicitor
A. Confidential communication between lawyer and client giving or receiving legal advice
Explanation: Legal advice privilege applies to confidential communications between a lawyer and client created for giving or receiving legal advice.
Which of the following is required for litigation privilege to apply?
A. Confidentiality alone
B. Litigation must be reasonably in prospect
C. Public disclosure must have occurred
D. Agreement between the parties to share documents
B. Litigation must be reasonably in prospect
Explanation: For litigation privilege, the litigation must be a real likelihood (reasonably in prospect), not just a remote possibility.
What principle prevents a party from only revealing favourable parts of a privileged document?
A. Full disclosure
B. Cherry-picking
C. Redaction
D. Waiver of privilege
D. Waiver of privilege
Explanation: Revealing only part of a privileged document waives privilege over the whole document to prevent selective disclosure.
What does “without prejudice” privilege primarily protect?
A. Communications intended to settle a dispute
B. Communications about future business plans
C. Communications with a judge
D. Communications after trial judgment
A. Communications intended to settle a dispute
Explanation: Without prejudice privilege covers genuine settlement discussions to encourage parties to resolve disputes without fear of admissions being used against them.
A client forwards an email containing their lawyer’s advice to a junior employee summarising the advice. Is the summary privileged?
A. Yes, because it repeats the legal advice accurately
B. No, because it is an internal email
C. No, because the employee was not the client
D. Yes, because the employee is an officer of the company
A. Yes, because it repeats the legal advice accurately
Explanation: If the internal message correctly repeats the original legal advice without adding independent opinion, it remains privileged.
A solicitor writes a memo after attending a court hearing where all parties were present. Is the memo privileged?
A. Yes, because it is confidential
B. No, because there is no confidentiality if all parties were present
C. Yes, if the memo was sent to the client
D. No, unless it contains new legal advice
B. No, because there is no confidentiality if all parties were present
Explanation: Notes of public hearings attended by both sides are not privileged because there is no confidentiality.
A company creates a report partly for improving safety and partly in case of potential litigation. Will litigation privilege apply?
A. Yes, because there are two purposes
B. No, because improving safety was also a purpose
C. No, unless litigation was already commenced
D. Yes, if the dominant purpose was preparing for litigation
D. Yes, if the dominant purpose was preparing for litigation
Explanation: Litigation privilege requires that the dominant, not merely one of the purposes, is preparing for litigation.
If a disclosed document is partly privileged and partly relevant, how should it be handled?
A. Disclose the entire document
B. Refuse to disclose the document
C. Redact only the privileged parts before inspection
D. Redact the whole document
C. Redact only the privileged parts before inspection
Explanation: Privileged portions of a document can be redacted while disclosing the non-privileged parts.
If a party mentions the existence of a privileged document in a witness statement, what happens?
A. Privilege is automatically lost
B. Privilege is maintained unless waiver is intended
C. The document must be inspected by the court
D. Privilege applies only if the document is also listed
B. Privilege is maintained unless waiver is intended
Explanation: Referring to a document does not automatically waive privilege unless the contents are disclosed or relied upon.
What happens if a party refuses inspection of a document claiming privilege without a proper basis?
A. They may face contempt of court
B. The case is automatically struck out
C. The court ignores the document
D. The case is decided in the opponent’s favour
A. They may face contempt of court
Explanation: Making a false claim of privilege can lead to serious consequences, including proceedings for contempt of court.
