Client Legal Privilege, also known as Legal Professional Privilege, is a fundamental protection in Australian law that keeps certain communications between a solicitor and their client confidential. It ensures that anything discussed or documented for the purpose of obtaining or providing legal advice, or for use in actual or anticipated court proceedings, cannot be disclosed without the client’s permission. This privilege exists to allow clients to speak openly and honestly with their solicitor without fear that sensitive information could later be used against them.
The privilege belongs to the client, not the solicitor, which means only the client has the authority to waive it. There are two main types of client legal privilege recognised under both common law and legislation such as the Evidence Act 1995 (Cth) and Evidence Act 1995 (NSW). The first is advice privilege, which protects confidential communications made for the dominant purpose of giving or receiving legal advice. The second is litigation privilege, which applies to communications created for the dominant purpose of being used in existing or reasonably anticipated legal proceedings.
This principle plays a critical role in the solicitor–client relationship. By guaranteeing confidentiality, it encourages clients to provide their solicitor with full and accurate information. Without this privilege, clients might withhold important details out of concern they could be exposed in court, which could ultimately affect the solicitor’s ability to provide proper legal advice or representation.
There are some limited exceptions to client legal privilege. For example, it does not apply if the communications were made to further a crime or fraud, or if a law expressly removes the privilege in specific circumstances, such as certain regulatory investigations. However, outside of these exceptions, courts in Australia strongly uphold the privilege as a key part of the legal system and access to justice.
Example: If you engage a solicitor to advise you on a contractual dispute and you provide them with sensitive business information, any written or verbal communications made for the purpose of receiving that legal advice are covered by client legal privilege. The opposing party in court cannot compel disclosure of those communications unless you, as the client, agree to waive the privilege.
For anyone seeking legal advice, understanding client legal privilege is important. It is a safeguard that allows you to be completely candid with your solicitor, knowing that your communications are protected under Australian law.
