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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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MOVERS & SHAKERS

Freeths—Heather Gibson

Freeths—Heather Gibson

Freeths strengthens national tax team with Heather Gibson appointment

Debevoise & Plimpton—Mary Lavelle

Debevoise & Plimpton—Mary Lavelle

Debevoise expands London secondaries team with addition of Mary Lavelle

Excello Law—Hestia Private Client

Excello Law—Hestia Private Client

Excello Law welcomes ex-Irwin Mitchell team to launch Hestia Private Client

NEWS
Lawyers have welcomed plans to create specialist rape and serious sex offences courtrooms at every Crown Court
The Supreme Court has settled a long-running dispute over part-time workers: unfavourable treatment need be a significant or effective cause, not the sole cause
Arbitration may be private, but its confidentiality is no impenetrable shield. Writing in NLJ this week, James Glaysher of Kingsley Napley examines when courts will permit arbitral material to surface in open litigation
A telecoms operator may be able to hold over under the Landlord and Tenant Act 1954, yet still be unable to secure a renewal: an outcome described as a legal ‘paradox’
The Financial Reporting Council’s revised Audit Enforcement Procedure will alter the balance of power in corporate investigations
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