Legal Advice Privilege Hong Kong

Does advice privilege apply to third parties?

Third parties (including experts) Only litigation privilege (not legal advice privilege) can attach to communications with third parties, such as experts. Generally when an expert is confidentially briefed for an opinion in relation to anticipated litigation this will attract privilege.Legal Professional Privilege under Australian Law | Lander & Rogerswww.landers.com.au › legal-insights-news › legal-professional-privilege-u...

Is there attorney client privilege in Hong Kong?

Legal professional privilege exists under common law in Hong Kong, and is enshrined in Article 35 of the Basic Law which provides that “Hong Kong residents shall have the right to confidential legal advice …”.Hong Kong SAR, China: Legal Professional Privilege and Implied ...www.nortonrosefulbright.com › knowledge › publications › hong-kong-sa...

Is seeking legal advice privilege?

Legal advice requested and given at a meeting or on a call would, however, be privileged. If the dominant purpose of the meeting is to obtain legal advice, unless anything is said outside that legal context, the entire contents of the meeting would likely be privileged.Legal advice privilege: where are we now? - Taylor Wessingwww.taylorwessing.com › insights-and-events › insights › 2020/06 › legal-...

What is the legal advice privilege?

The ENRC case confirmed that legal advice privilege is limited to communications between a lawyer and those tasked with seeking and receiving advice on behalf of the client company, as interpreted in Three Rivers No 5.

Is legal advice privilege the same as legal professional privilege?

Legal Professional Privilege is the rule of evidence that entitles a party to withhold certain confidential documents from inspection in a discovery process or for use in evidence even if they are relevant. There are two forms of legal professional privilege, legal advice privilege and litigation privilege.Legal Professional Privilege - William Frywww.williamfry.com › docs › practice-area-industry-sector-brochures › wil...

Do Hong Kong residents have the right to confidential legal advice?

In fact, the principle of LPP is expressly enshrined under Art 35 of the Basic Law, where Hong Kong residents shall have the right to ‘confidential legal advice’.

legal advice privilege in house counsel

Are emails between in-house attorneys privileged?

Contemporaneous meetings and conversations involving in-house attorneys regarding the subject matter of the emails would be privileged. However, the emails themselves, which did not contain any information about legal advice rendered during those meetings and conversations, were not privileged.In-House Counsel Alert - Conner & Winters, LLPwww.cwlaw.com › newsletters-149

What is legal advice privilege in law?

— protects documents which, although not necessarily communicated by or to a client, would give the recipient of the papers a clue to the trend of the advice given by the lawyer. 6 Legal Advice Privilege — Includes communications with overseas lawyers. — Includes in-house lawyers.

Are communications with in-house lawyers privileged?

Although each jurisdiction has its own privilege definitions and rules, generally, the attorney-client privilege protects confidential communications between an attorney and client, including a client representative, made for the purpose of rendering professional legal services.Nov 2, 2020Privilege and the In-House Lawyer: Best Practiceswww.natlawreview.com › article › it-s-privilege-not-right-best-practices-ho...

Are general counsel emails privileged?

Legal Advice Not all communications with a corporation's attorneys are privileged. Merely including an attorney as a recipient on a communication or inviting an attorney to a meeting does not necessarily make that communication privileged.Attorney-Client Privilege for In-House Counselwww.americanbar.org › publications › landslide › november-december › a...