Legal professional privilege law and theory Jonathan Auburn.

Format:

Book

Author/Creator:

Auburn, Jonathan, author.

Language:

English

Subjects (All):

Attorney and client--Commonwealth countries.

Attorney and client.

Confidential communications--Lawyers--Commonwealth countries.

Confidential communications.

Physical Description:

1 online resource (307 p.)

Edition:

1st ed.

Place of Publication:

Oxford Portland, Oregon Hart Publishing 2000.

Language Note:

English

Summary:

In the Commonwealth,the principle of legal professional privilege has been treated as almost sacrosanct and in consequence, derogations from it have been rare. The traditional view is that, despite resulting unfairness, the rule must be absolute in order to achieve its stated goals. This view is challenged here through an examination of the structure of and exceptions to the privilege. Auburn argues that the claims made of the rule in the past have been overstated and that the privilege is more robust than widely assumed. Being dependent on patterns of client behaviour, it can accommodate change, while still fulfilling its essential function. Having examined the theory, structure and main derogations from the privilege, the author asserts that we should be more sceptical of the claims made of the privilege, and in appropriate circumstances should give more weight to the values underlying the disclosure of evidence. This thoughtful analysis presents a new approach to the issue of legal professional privilege. It offers a thorough exploration of the principles underlying the privilege and takes a Commonwealth-wide approach, covering the law in England, Australia, Canada, New Zealand and South Africa, as well as drawing on relevant principles from European and United States law

Contents:

Contents

1. Conceptual and Historical Introduction

Part A: THEORETICAL FOUNDATIONS

2. Emerging Common Law Right

3. Privilege Under the European Convention on Human Rights

4. Confidentiality

5. Disclosure

6. Structure of the Privilege - General Theory

7. Structure of the Privilege - Application

PART B: PRACTICAL APPLICATIONS

8. Crime-fraud Exception

9. Criminal Exculpatory Evidence

10. Loss of Privilege Based on Intent and Disclosure [Waiver]

11. Fairness Based Loss of Privilege [Waiver]

12. Indadvertent Disclosure

13. Past and Future Directions

Notes:

Description based upon print version of record.

Includes bibliographical references and index

ISBN:

9786611041946

9781472558930

1472558936

9781281041944

1281041947

9781847313119

1847313116

OCLC:

476111272