Jurisdiction(s):
United Kingdom

Key definition

Legal professional privilege definition

What does Legal professional privilege mean? Legal professional privilege is the protection that keeps confidential lawyer–client communications, and certain related documents, out of disclosure to courts, opponents, regulators and investigators. In practice, it is an umbrella (portmanteau) term for two heads of privilege: legal advice privilege (confidential communications between a lawyer and client for the purpose of giving or receiving legal advice) and litigation privilege (confidential communications with lawyers or third parties, and related documents, created for the dominant purpose of reasonably contemplated or existing litigation). It is a common law doctrine developed in case law (with some statutory recognition in specific contexts), applies...

Legal professional privilege in Scottish criminal investigations and prosecutions: COPFS in-house advice, warrants and seizure safeguards, case law, ECHR issues, and practical preservation measures

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Practice notes

This Practice Note sets out practical guidance on the underlying principles of Legal professional privilege as they relate specifically to criminal enquiries and prosecutions in Scotland. It should be read alongside Practice Note: Privilege in Scotland—general principles, which summarises the two main categories of legal professional privilege—legal advice privilege and litigation privilege—and also refers to waiver of privilege and common interest privilege in passing. For further commentary on the approach in England and Wales, see Practice Note: Legal professional privilege in criminal proceedings, for comparison.

Legal advice privilege—who falls within definition of ‘lawyer’ in COPFS

In Whitehouse v The Lord Advocate, the court considered a claim for damages arising from proceedings brought by the Crown under the Proceeds of Crime Act 2002 (POCA 2002). A restraint order was obtained under POCA 2002, but it was subsequently recalled without any confiscation proceedings being taken...

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Web page updated on 27/05/2026

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