Which statement about legal professional privilege is correct?
Answer and explanation
Correct answer: D. Litigation privilege protects confidential communications whose dominant purpose is litigation in prospect
- Step 1: Privilege has two forms.
- Step 2: Litigation privilege covers confidential communications with third parties where litigation is reasonably in contemplation and the dominant purpose is the litigation; legal advice privilege covers lawyer and client communications for legal advice.
Answer
Litigation privilege protects confidential communications whose dominant purpose is litigation in prospect.
Why not the others: Not every solicitor-created document is privileged; legal advice privilege is limited to lawyer-client communications; legal advice privilege does not depend on proceedings.
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