100% satisfaction guarantee Immediately available after payment Both online and in PDF No strings attached 4.2 TrustPilot
logo-home
Essay

Essay advocacy and professional ethics part b

Rating
-
Sold
-
Pages
4
Grade
A+
Uploaded on
23-08-2023
Written in
2022/2023

This is the second half to part A i've uploaded. This half of the essay required us to discuss the importance of professional privilege. (the two parts were submitted as one document. However I will be selling both parts as a package deal).

Show more Read less








Whoops! We can’t load your doc right now. Try again or contact support.

Document information

Uploaded on
August 23, 2023
Number of pages
4
Written in
2022/2023
Type
Essay
Professor(s)
Unknown
Grade
A+

Subjects

Content preview

The second portion of this assignment is an essay that hopes to discuss the importance of
professional privilege - specifically communication between its two sectors: lawyers and
clients, and lawyers and third parties. Herring starts off immediately by confirming1 “legal
professional privilege differs from the doctrine of confidentiality.” (Confidentiality being
explained further down).

Expanding on legal professional privilege, it covers all communication which has occurred
between a lawyer and their clients, finalising documents assembled for a means of litigation
(pursuing legal action) is not permitted to be disclosed to others unless consent has been
granted by the client. All clients have the fundamental human right which is the right to
protection of a private life. Furthermore, which is to be upheld by lawyers and deemed a
‘special obligation’ to keep information private.

Herring quotes Lord Scott who firmly believes2 “confidentiality to be legal ethics’ central
pillar.”. The law of confidentiality is also a major essential in the Solicitors Regulation
Authority as specifically clause 6.33 requires affairs of both past and present clients be kept
confidential unless disclosure is called for, consented by the client, or accepted by law.
Confidentiality is a necessity within a lawyer-client relationship. This links with professional
privilege as it is that privilege which ensures communication within this relationship is
protected. With this in motion, clients are able to express freely without fearing the accidental
occurrence of a third-party learning of any information. Clients learning to trust enables
lawyers to provide effective legal advice. If the assurance of confidentiality ceased to exist,
clients would understandably be far more hesitant to share information leading to harm upon
the case. Bolkiah v KPMG 19994 held the duty was to keep information confidential, not to
just take the steps to perform this.

In simpler terms, professional privilege is seen as a fundamental right, protecting
confidentiality between lawyers and clients, permitted to withhold evidence from either a
third party or by the courts. In tow follows litigation privilege, described by Herring5 “to
cover communication between a lawyer, their client and a third party in relation to the
preparation of litigation.”. The case of Three Rivers District Council v Governor and
Company of the Bank of England (No.6) 20046 bought upon the implementation of litigation
privilege but also privilege applies to documents that are included in a series of
communication looking for legal assistance. Another case is Nederlandse Reassurante Greop
Holding NV v Bacon & Woodrow 19957 which held the court would be unwilling to separate
legal and non-legal advice apart from another. Another case which bought light upon a



1
J Herring, Legal ethics (2nd edn, Oxford university press 2017) 6
2
J Herring, Legal ethics (2nd edn, Oxford university press 2017) 2
3
Sra, 'SRA Code of Conduct for Solicitors, RELs and RFLs' (Solicitors Regulation Authority, 30 May
2018) <https://www.sra.org.uk/solicitors/standards-regulations/code-conduct-solicitors/> accessed 13 April
2023, clause 6.3.
4
Bolkiah v KPMG [1999] 2 AC 222; [1999] 1 AII ER 517
5
J Herring, Legal ethics (2nd edn, Oxford university press 2017) 7
6
Three Rivers District Council v Governor and Company of the Bank of England (No.6) [2004] UKHL 48
[2005] 1 AC 610.
7
Nederlandse Reassurante Greop Holding NV v Bacon & Woodrow [1995] 1 AII ER 976
£7.99
Get access to the full document:

100% satisfaction guarantee
Immediately available after payment
Both online and in PDF
No strings attached

Get to know the seller
Seller avatar
soniyabegh

Get to know the seller

Seller avatar
soniyabegh University of Greenwich (London)
View profile
Follow You need to be logged in order to follow users or courses
Sold
2
Member since
2 year
Number of followers
1
Documents
9
Last sold
7 months ago

Hi I’m soniya, I currently study Law and will be uploading my notes surrounding public law, human rights, advocacy, contract law and more once I start my second year : )

0.0

0 reviews

5
0
4
0
3
0
2
0
1
0

Recently viewed by you

Why students choose Stuvia

Created by fellow students, verified by reviews

Quality you can trust: written by students who passed their exams and reviewed by others who've used these revision notes.

Didn't get what you expected? Choose another document

No problem! You can straightaway pick a different document that better suits what you're after.

Pay as you like, start learning straight away

No subscription, no commitments. Pay the way you're used to via credit card and download your PDF document instantly.

Student with book image

“Bought, downloaded, and smashed it. It really can be that simple.”

Alisha Student

Frequently asked questions