Full Disclosure – Exploring Litigation Privilege and Waiver of Privilege | Case by Case (Ep. 28)
What is litigation privilege? When does it apply? When doesn’t it?
There is a fine line between a probable prospect of litigation and a mere possibility of it. Where to draw that line is the challenge. We explore this in detail.
This episode also serves as a user guide on litigation privilege, highlighting the key principles and how to navigate them.
The dreaded ‘waiver of privilege’ is often on a lawyer’s mind when referring to legal advice in open communications or as in this case, a witness statement. And if it isn’t, then it should be…