HOW CAN ESTABLISHING CLIENT LEGAL PRIVILEGE HELP?

Establishing Cient Legal Privilege (Legal Professional Privilege) allows for an investigation (and any investigation material) to be kept confidential provided the communications between the client and their legal advisers are created for the dominant purpose of providing legal advice or use in legal proceedings.

This essentially means that communications between the investigator and your legal adviser cannot be disclosed if the matter ends up in court. Also, all communications from you to your legal adviser about the investigation and between you and the investigator, can be protected from disclosure. In some cases, confidential third party communications can also be protected.

Establishing Legal Professional Privilege prior to an investigation starting is particularly useful in cases where it is important to create an environment that will encourage full and frank disclosure so that serious issues can be remedied, but where the organisation’s reputation or the reputation of high profile people within an organisation can be protected from public disclosure down the track.

Legal Professional Privilege can also protect the identity of witnesses to a greater degree and can help create an environment in which participants feel more able to reveal important information.

Do you have a question?

The experts at Buckett Law are happy to help answer any questions you may have about employment law and conducting legally privileged investigations.