Define: Litigation Privilege

Litigation privilege is a legal principle that protects certain communications and documents from being disclosed or used as evidence in court proceedings. It allows parties involved in litigation to freely communicate and exchange information without fear of it being used against them.

Litigation privilege generally covers communications between lawyers and their clients, as well as communications between lawyers and third parties, such as expert witnesses or consultants. It can include written correspondence, emails, oral discussions, and even draft documents.

Litigation privilege typically applies to all types of legal proceedings, including civil litigation, criminal proceedings, and administrative hearings. However, there may be some exceptions or limitations depending on the jurisdiction and specific circumstances of the case.

Yes, litigation privilege can be waived by the party who holds the privilege. This means that if a party voluntarily discloses or allows access to privileged communications or documents, they may lose the protection of litigation privilege for those specific items.

While litigation privilege is generally broad, there are some exceptions. For example, communications made for fraudulent or illegal purposes may not be protected. Additionally, certain types of communications, such as those made in furtherance of a crime or to obtain legal advice to commit a crime, may not be covered by litigation privilege.

No, litigation privilege is not intended to be used as a shield to hide evidence of wrongdoing. It is meant to encourage open and honest communication between lawyers and their clients during the litigation process. If evidence of wrongdoing is discovered, it may still be subject to disclosure and used against the party involved.

Litigation privilege generally lasts for the duration of the legal proceedings it applies to. Once the litigation is concluded, the privilege may no longer protect the communications or documents. However, certain documents may still be protected by other forms of privilege, such as attorney-client privilege.

In some cases, litigation privilege can be challenged or overridden by a court order. For example, if there is a compelling public interest or if the court determines that the privilege is being abused or used to obstruct justice, it may order the disclosure of otherwise privileged information.

Litigation privilege primarily applies to lawyers and their clients. However, in certain circumstances, non-lawyers who are assisting in the litigation process, such as expert witnesses or consultants, may also be covered by litigation privilege for their communications with the lawyers involved.

While both litigation privilege and attorney-client privilege protect certain communications from disclosure, they have different scopes and purposes. Attorney-client privilege is a broader privilege that applies to all communications between a lawyer and their client, regardless of whether litigation is involved. Litigation privilege, on the other hand, specifically applies to communications made in the context of litigation proceedings.