header-logo header-logo

24 April 2015 / David Burrows
Issue: 7649 / Categories: Features , Personal injury
printer mail-detail

Start the clock

nlj_24_04_15_burrows

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

Muckle LLP—Roland Fairlamb

Muckle LLP—Roland Fairlamb

Specialist associate solicitor rejoins Muckle’s leading employment team

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
back-to-top-scroll