Session 10: The first duty of an attorney, a mouth shut for ever: problems and practicalities in protecting privilege

28 February 2024

Speakers: Charles Phipps and Chris Greenwood

Solicitors routinely assist their clients in asserting privilege in the ordinary course of litigation, and they are also familiar with the implied waiver which releases the bond of privilege when lawyers are sued by their former clients. But what happens when the claimant against a solicitor is not a former client, or not the only former client? Charles and Chris examine some of the legal and practical issues that arise for solicitors when third parties make production applications, or claims for damages or wasted costs – not against the former clients, but against the solicitors themselves. They also consider the position when the joint privilege of former clients has to be addressed. What are the principles applicable in such situations, and how should solicitors respond?

Related People

Charles Phipps

Call: 1992

Chris Greenwood

Call: 2009



Popular resources

Four Fundamentals of Limitation Periods in Contract and Tort Claims

By Carl Troman, Barrister and Mediator at 4 New Square Four key points…

Discover more

Stay of proceedings before serving a claim form

What should claimants do when limitation is about to expire? Noting…

Discover more

Why are there so many cases against lawyers for contempt of court?

There has been a spate of cases in the past couple of…

Discover more

If you would like to know more or have a question please talk to our clerks

Portfolio Builder

Select the expertise that you would like to download or add to the portfolio

Download    Add to portfolio   
Title Type CV Email

Remove All


Click here to share this shortlist.
(It will expire after 30 days.)