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Clifford Chance

Clifford Chance


Legal advice privilege: who is the client?

12 December 2016

An English judge has put a narrow interpretation on who can be considered to be a lawyer's client for the purposes of legal advice privilege. This will place serious constraints on the extent to which fact gathering for the purposes of providing legal advice can be carried out under the cloak of privilege, and it certainly requires extra care when conducting investigations, unless litigation is imminent.

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