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 Phipps and Chris Greenwood 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?
