The doctrine of Legal Professional Privilege operates on the basis that advice relating to a client’s legal position should be sought in complete confidence without disposing details of the client’s situation or of documents prepared in anticipation of litigation to third parties or a court. For public sector organizations, there is a constant pressure for access to documentation and materials on which key decisions are taken. This is no less the case where a public body acts on the basis of legal advice. Public bodies exercising regulatory or prosecutory formalities also encounter the issue of privilege in the context of document disclosure and seizure of documents. By the end of the seminar delegates will:

• understand the difference between the three different heads of privilege – Litigation privilege, Legal advice privilege and Executive privilege;
• understand the meaning of discovery and privilege respectively;
• understand the areas of Freedom of Information and Data Protection as they relate to privilege;
• know how to take practical steps to ensure the protection of communications;
• understand the role of in house counsel/legal advisors in relation to privilege.