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24 April 2015 / David Burrows
Issue: 7649 / Categories: Features , Personal injury
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Start the clock

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When does a contractual retainer arise & when does legal advice privilege apply, asks David Burrows

At what point in a case can it be said that what a person has said to a lawyer—solicitor or barrister—is covered by the confidentiality of legal advice privilege (LAP). At what point is the lawyer’s insurer on risk? Are these two dates the same; and is this the date from which a lawyer’s retainer contract operates?

In these times of close regulation where a lawyer’s every move—or so it often seems—is capable of review by a regulatory body a surprising feature of outcomes focused regulation (the style of the new SRA Code of Conduct 2011 ) is that the Solicitors Regulation Authority seems not to know when its regulatory reign over a lawyer begins. The regulators have no barometer of which I am aware by which they can measure the critical moment at which lawyers are clearly within their regulatory clutches; nor does the SRA regard itself as having any arbitral role in defining this point. It seems

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MOVERS & SHAKERS

Gateley Legal—Caroline Pope & Bob Maynard

Gateley Legal—Caroline Pope & Bob Maynard

Construction team bolstered by hire of senior consultant duo

Switalskis—four appointments

Switalskis—four appointments

Firm expands residential conveyancing team with quadruple appointment

mfg Solicitors—Claire Pope

mfg Solicitors—Claire Pope

Private client team welcomes senior associatein Worcester

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
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