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Confidentiality Agreement Legal Professional Privilege

The duty of confidentiality exists beyond a lawyer who ceases to act for a client. In the event of the client`s death, the right to confidentiality is transferred to the former client`s personal representatives. As a general rule, there must be a communication between a lawyer and a client or a document that reflects such disclosure, so that legal privilege can be applied in English law. The PPP and the confidentiality of customers outweigh the right and right of a person concerned to be informed in accordance with the data protection authority. There are a number of important considerations that they should keep in mind when considering how to ensure privileged, privileged, privileged and remaining communications. The principle has emerged as a protection for the individual when he or she has access to the legal knowledge and resources of a lawyer and must come from the „swearing and honour“ of the lawyer, a kind of special contractual relationship. It was based on the fact that the ordinary citizen could not safely manage the complexity of the legal and judicial system without assistance. In the absence of protection, the quality of the advice would suffer, as clients would be discouraged from making full disclosure to their legal representatives. As Lord Brougham said at Greenough v Gaskell (1833): before sharing inside information, specialist advice must be s asked.

Privileges depend on confidentiality that can be lost due to dissemination. Documents must be prepared for the dominant purpose of gathering information or advice regarding the enforcement of existing or reasonably contemplated disputes. Documents that are not about it. B, for example, internal discussions of the board of directors of a purely strategic nature, which do not contain such information or advice or which reveal its content, are not within the prerogative. A prudent approach is generally advised on this point – for example, in the case of the construction decision, in which it is not possible to definitively say that legal privilege protects legal advice by a non-lawyer legal advisor, even if the dominant utility test is completed. The LAP can only be invoked if the communication in question is confidential. If the communication is no longer confidential, it will no longer be privileged. In order for LAP to use the communication, communication must be ensured between the client and the lawyer.