15.2.2 Presentation of legal advice


  1. 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).

  2. To ensure legal advice is properly protected by legal professional privilege:

    • Legal advice should, where practical, be separated from policy advice, even if both kinds of advice are contained in the same document

    • Legal advice should be marked ‘confidential and legally privileged’.



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