Solicitor-Client Privilege - Some Misconceptions

Lisa A. Peters

There is a difference between true solicitor-client privilege (also called legal advice privilege) and litigation privilege (also called solicitor’s brief privilege). While certain fact patterns may give rise to both types of privilege (particularly when litigation is underway or within reasonable contemplation), there are key differences between the two, both in terms of the test for when they will apply, and the policies underpinning their existence.