Legal Professional Privilege

At Bayston Group we focus on preventative law, doing whatever we can to help our clients resolve disputes without costly litigation.

Of course, sometimes clients do end up in court. When this happens documents relevant to the subject matter of litigation must be made available to the other side. One exception to this is documents that are subject to legal professional privilege.

Legal professional privilege keeps lawyer/client communications confidential to encourage clients to fully disclose all relevant information to their lawyers when seeking legal advice.

It applies to communications between a lawyer and client, made for the dominant purpose of seeking or giving legal advice. Privilege will be lost if the document is not kept confidential. Confidentiality can be lost by sharing the document internally at your business with people who are not lawyers, or who do not need to know the contents of the advice to carry out their job.

Privilege may apply to:

  • Letters, faxes, notes, incident reports, minutes and emails exchanged between you and Bayston Group when seeking or receiving legal advice.
  • Any information that is provided to Bayston Group in order to give legal advice.
  • Any internal communication sharing that legal advice provided it is only to people who need to know the contents of the legal advice to carry out their job; and
  • Any document created by a third party at the request of Bayston Group in relation to a legal matter.

If an issue arises that may ultimately result in legal action contact us and we can assist you in ensuring your internal communication processes are set up to maintain privilege to the greatest extent possible.