Talk:Legal professional privilege

Latest comment: 16 years ago by Urbanmyth139 in topic Structural changes

Separate from Attorney-client edit

There are several compelling reasons to keep this article separate from Attorney-client privilege. Admittedly, principles have the same origin and they are very similar. Nevertheless, each country does have a different take on it. Typically, most commonwealth countries don't diverge much from each other. The US, however, often has its own unique take on many legal principles. I'm not too knowledgable about attorney-client privilege to say whether that is the case but I think there is a good possibility, and if so, we should be open to those differences. The simplest reason why this should be different is because commonwealth countries don't have attorneys. They have solicitors. So for the same reason we don't merge solicitor into attorney, or vice-versa, we shouldn't merge solicitor-client privilege with attorney-client privilege. I see no clear advantage to the use of the word "attorney" in the title for an article that is about solicitors. It will only have an effect of alienating contributors with its unecessary US-centric title. --PullUpYourSocks 03:22, 7 April 2006 (UTC)Reply

Solicitor-Client Privilege over Defamation Suit edit

1. Under this privilege, should a communication (writen) to the solicitor from the client be protected against Defamation suit raised by the Solicitor to the client? The communication did not contain any wordings that are defamatory "on the face".

2. Will this privilege apply to a communication from the Client to Bar Council on complaint to a solicitor? Thereby, when such a complaint (with allegation of defamation) passed from Bar Council to the Solicitor, the attachment (=that communication) remains under a privilege from ligitation?

Structural changes edit

I have made some structural changes to legal professional privilege, and have left a similar notice on the Attorney-client privilege page. In my view, this page functions as a general overview of the concept. All common law countries (of which the US is one) share the basic features of the concept. Within this page, there is space for a summary of each common law jurisdiction, and scope there to point out any local differences in the concept's treatment.

I have therefore made the search term 'legal professional privilege' redirect to this page, rather than to the specific Attorney-client privilege US page, since there is no particular reason why the US should be picked out as an exemplar for the concept.

I have then included a short summary (I am an English, not an American, lawyer, and so for the moment this is just a cut-and-paste from the Attorney-client privilege article) of the US position in this page here. Could someone who has more knowledge of US law make this a unique and proper summary?

Urbanmyth139 (talk) 11:14, 13 March 2008 (UTC)Reply