15.2.2 Presentation of legal advice
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A document is not automatically privileged because a lawyer prepared it or it is labelled ‘legally privileged’. Often only parts of a document will be privileged (e.g. those parts seeking or recording legal advice, as opposed to providing policy advice).
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To ensure legal advice is properly protected by legal professional privilege:
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Legal advice should, where practical, be separated from policy advice, even if both kinds of advice are contained in the same document
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Legal advice should be marked ‘confidential and legally privileged’.
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