§ '.—(1) This section applies to any communication made to or by a person who is not a barrister or solicitor at any time when that person is—
- (a) providing advocacy or litigation services as an authorised advocate or authorised litigator;
- (b) providing conveyancing services as an authorised practitioner; or
- (c) providing probate services as a probate practitioner.
§ (2) Any such communication shall in any legal proceedings be privileged from disclosure in like manner as if the person in question had at all material times been acting as his client's solicitor.
529§ (3) In subsection (1), "probate practitioner" means a person to whom section 23(1) of the Solicitors Act 1974 (unqualified person not to prepare probate papers etc.) does not apply.'.—[The Attorney-General.]
§ Brought up, and read the First time.
§ The Attorney-General (Sir Patrick Mayhew)I beg to move, That the clause be read a Second time.
This new clause extends the concept of legal professional privilege so as to apply to the new classes of legal practitioner established by the Bill—that is to say, authorised advocates, authorised litigators, authorised practitioners and probate practitioners.
Legal professional privilege is based on the practice, developed in the Court of Chancery in the first instance, which ensures—this is a sensible and thoroughly up-to-date purpose—that communications made to and from a legal adviser for the purpose of obtaining and providing legal advice and assistance are protected from disclosure in the course of any subsequent legal proceedings. The reason is not undue love of secrecy; the protection exists to enable the client to confide fully in his adviser without fear of disclosure. That is valuable in the interests of the administration of justice.
Clearly, a person seeking advice from one of the new classes of legal practitioner being created by the Bill should be in no worse position, as regards the confidentiality of his communications to and from the practitioner, than if he were seeking advice from an established legal practitioner.
The new clause therefore ensures that communications to or from one of the new legal practitioners will enjoy legal professional privilege, just as if the practitioner acting for the client had been a solicitor.
§ Question put and agreed to.
§ Clause read a Second time, and added to the Bill.