2006-12-04 02:11:23 · 3 answers · asked by pinkblackjasper 1 in Politics & Government ➔ Law & Ethics
It relates to information which does not have to be disclosed except where the court exceptionally makes a formal order to this effect. It covers such things as exchanges between a lawyer and his client and between a bank and its customers. Legal privilege has been described as "a legally recognised right to withhold certain testimonial or documentary evidence from a legal proceeding, including the right to prevent another from disclosing such information". The privilege allows lawyers and their clients or witnesses to discuss matters candidly. However, the requirements, applicability, scope and effect of legal privilege vary according to local rules of law.
In England, the law of legal privilege was recently considered in the Three Rivers v Bank of England litigation [2004] UKHL 48 and [2004] EWCA Civ 218. The privilege issues in that case concerned whether communications between a client and its solicitors in relation to the preparation of a statement to give to an independent inquiry in the financial services sector were privileged. The House of Lords (overturning the decision of the Court of Appeal) ruled that, so long as there was a relevant legal context (which included the preparation of statements for the independent inquiry), legal privilege would apply.
2006-12-04 03:30:02 · answer #1 · answered by Doethineb 7 · 0⤊ 0⤋
There are many definitions. For example, it could mean that you have a legal right to do some act or forebear from some act. (A peace officer is "legally privileged" to use force, even lethal force, in certain circumstances.) When I hear those words, I think of the attorney-client, spousal, and ministerial "privileges" in evidence law. Those "privileges" protect documents and statements from disclosure to a third-party in the context of a lawsuit. (The memorandum from the attorney to the CEO on legal strategy to mitigate damages in a breach of contract action was privileged and could not be disclosed to the plaintiff in the lawsuit. The criminal's confession to his wife in bed the next night was privileged, and the state could not compel the wife to testify as to what her husband said.)
I guess we may need more context.
2006-12-04 02:35:24 · answer #2 · answered by Perdendosi 7 · 1⤊ 0⤋
Short answer - given some sort of protection by the law against something that would otherwise be required of it.
2006-12-04 02:20:25 · answer #3 · answered by Billybean 7 · 0⤊ 0⤋