Privilege

Question 1

Define or describe Legal Professional Privilege

Answer 1

It is a rule of evidence that an attorney may not disclose to the court without consent of the client information given to him for the purposes of legal advice or representation

Question 2

May an attorney under any circumstances divulge information given by his or her client in confidence?

Answer 2

Yes but in very limited circumstances

• to the clients executor after death
• to clients curator if he is placed under curatorship
• whenever the client waves confidentiality the information may be disclosed

Question 3

To what documents and or information in an attorneys possession and or which he has knowledge do the issue of privilege not apply?
or What information obtained by an attorney is not subject to attorney client privilege?

Answer 3

Professional Privilege does not apply to

• documents or information not given for purpose of legal advise or representation
• documents or information provided for the purposes of committing crime or fraud
• the name of the client
• facts learned by the attorney of his own senses
• where statute expressly or by implication excludes professional privilege
• where confidentiality of oral evidence is destroyed by such evidence, the confidentiality of contemporaneous records is liekwise destroyed.

Question 4

Explain the difference between the attorneys duty to keep the affairs of a client confidential and attorney and client privilege

Answer 4

• Attorney is legally obliged to keep affairs of client confidential
• There are provisions in legislation which compel attorneys in some circumstances to compel information
• Legal privilege belongs to the client and the attorney cannot be compelled to disclose evidence information given to him by a client with a view to legal action or legal advice. it is actually a rule of evidence