Protecting Privilege (Problems & Practical Guidance) - A Guide for Litigators

Introduction

Solicitors and their clients benefit from the fundamental protections of legal advice and litigation privilege every single day. Privilege is asserted routinely and is often implicitly and/or unintentionally waived. However, the situation becomes increasingly complex in respect of the protections of privilege attaching to former clients, third parties, and joint parties, which could result in both civil liability, regulatory danger, and reputational risk, for solicitors involved.

This Learn Live webinar is designed to give an overview and understanding of the relevant law governing privilege generally, and to focus on providing practitioners with practical tips and examples on how to deal with privilege issues (in particular relating to former clients, joint clients, and third parties) as they arise in primary and ancillary litigation.

What You Will Learn

This live and interactive course will cover the following:

• The application of Legal Advice Privilege and Litigation Privilege generally
• The interplay between privilege and confidentiality
• The express, implied, and unintentional waiver of privilege
• The impact of claims by former clients upon privilege
• The impact of claims by third parties in respect of privilege owed to a client
• The impact of claims by joint clients in respect of privilege owed to other joint clients
• The approach of the SRA in respect of privilege and confidentiality
• The practicalities of inspection and disclosure in the context of privilege and confidentiality

Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.