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It pays to be privileged

12 February 2020 / Amanda Hamilton , Jane Robson
Issue: 7874 / Categories: Features , Profession
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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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Leading patent litigator joins intellectual property team

NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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