The parameters of litigation privilege : the law

In South Africa legal professional privilege is considered a fundamental right necessary for the proper functioning of the legal system. Legal professional privilege has two manifestations - legal advice privilege and litigation privilege. Legal advice privilege attaches to communications between a client and its attorney for the purpose of obtaining or giving legal advice. Litigation privilege protects communications between a litigant and its legal adviser, including communications with third parties, if they are made for the purpose of pending or contemplated litigation. Privilege belongs to and may be waived only by the client.