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12 February 2020 / Amanda Hamilton , Jane Robson
Issue: 7874 / Categories: Features , Profession
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It pays to be privileged

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Where do today’s professional paralegals stand when it comes to legal professional privilege? Amanda Hamilton & Jane Robson report
  • The significance of legal professional privilege.
  • Why is it not clear that privilege extends to the relationship between a client and their lawyer if that lawyer is a paralegal?
  • The grey area: no guarantees of legal professional privilege.

‘Are paralegals covered by legal professional privilege?’ My ears pricked up when this interesting and important question was raised in the office this week.

Well, those paralegals who work for solicitors and barristers are covered under their employer’s umbrella, but what about those paralegals who work as independent legal advisers? Where do they fall?

Under the Legal Services Act 2007, provision of legal advice is no longer a reserved activity (ie, one that can only be undertaken by an ‘authorised’ person or body, such as a solicitor, barrister, legal executive or actuary, etc). If you couple that with the virtual removal of the availability of

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NEWS
Children can claim for ‘lost years’ damages in personal injury cases, the Supreme Court has held in a landmark judgment
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Artificial intelligence (AI) is already embedded in the civil courts, but regulation lags behind practice. Writing in NLJ this week, Ben Roe of Baker McKenzie charts a landscape where AI assists with transcription, case management and document handling, yet raises acute concerns over evidence, advocacy and even judgment-writing
The Supreme Court has drawn a firm line under branding creativity in regulated markets. In Dairy UK Ltd v Oatly AB, it ruled that Oatly’s ‘post-milk generation’ trade mark unlawfully deployed a protected dairy designation. In NLJ this week, Asima Rana of DWF explains that the court prioritised ‘regulatory clarity over creative branding choices’, holding that ‘designation’ extends beyond product names to marketing slogans
From cat fouling to Part 36 brinkmanship, the latest 'Civil way' round-up is a reminder that procedural skirmishes can have sharp teeth. NLJ columnist Stephen Gold ranges across recent decisions with his customary wit
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