Part 2Regulation of licensed legal services

Chapter 2Licensed legal services providers

Professional practice etc.

75Professional privilege

1

Subsection (2) applies to any communication made to or by—

a

a licensed provider in the course of its acting as such in its provision of legal services for any of its clients,

b

a designated person (apart from a solicitor or advocate) within the licensed provider who is acting—

i

in connection with its provision of such legal services, and

ii

at the direction, and under the supervision, of a solicitor.

2

The communication is, in any legal proceedings, privileged from disclosure as if the licensed provider or (as the case may be) the person had at all material times been a solicitor acting for the client.

3

Subsection (4) applies to any special provision which—

a

is contained in an enactment or otherwise,

b

relates to a solicitor, and

c

concerns—

i

the disclosure of information with respect to which a claim of professional privilege could be maintained, or

ii

the production, seizure or removal of documents with respect to which such a claim could be maintained.

4

The provision has effect in relation to a licensed provider, and any designated person (apart from a solicitor) within a licensed provider, as it does in relation to a solicitor but with any necessary modifications.

5

This section is without prejudice to any other enactment or rule of law concerning professional or other privilege from disclosure (in particular, as applicable in relation to a solicitor).