2015Unpublished venueRequires access

Displacement of legal professional privilege: facilitation of crime or fraud exception

Mohd Akram Shair Mohamad, Zulfakar Ramlee Saad

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Abstract

Where legal professional privilege attaches to communication between legal adviser and a client, the client is entitled to object to any third party seeing the communication for any purpose unless, (i) the client has agreed of waived his right, II) the advice is sought and given for a nefarious purpose, in furtherance of an illegal purpose. The brief article seeks to lay down the circumstances and the rationale where legal professional privilege does not apply and at the same time discussing the scope of exceptions.

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What this paper is about

Where legal professional privilege attaches to communication between legal adviser and a client, the client is entitled to object to any third party seeing the communication for any purpose unless, (i) the client has agreed of waived his right, II) the advice is sought and given for a nefarious purpose, in furtherance of an illegal purpose. The brief article seeks to lay down the circumstances and the rationale where legal professional privilege does not apply and at the same time discussing the scope of exceptions.

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Available abstract

Where legal professional privilege attaches to communication between legal adviser and a client, the client is entitled to object to any third party seeing the communication for any purpose unless, (i) the client has agreed of waived his right, II) the advice is sought and given for a nefarious purpose, in furtherance of an illegal purpose. The brief article seeks to lay down the circumstances and the rationale where legal professional privilege does not apply and at the same time discussing the scope of exceptions.

Key concepts: Privilege (computing), Law, Scope (computer science), Legal advice, Legal ethics, Confidentiality, Political science, Object (grammar)

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