Should legal professional privilege be absolute: a comparative appraisal
Legal Professional privilege, a single integral (whose sub-heads are legal advice privilege and litigation privilege) is not a mere procedural incident of the forensic but a fundamental condition on which the administration of justice as a whole rests. It has been described as a fundamental human ri...
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LexisNexis
2015
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| Online Access: | http://irep.iium.edu.my/48631/ http://irep.iium.edu.my/48631/ http://irep.iium.edu.my/48631/1/mlj_4_15.pdf |
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iium-486312018-05-22T02:07:49Z http://irep.iium.edu.my/48631/ Should legal professional privilege be absolute: a comparative appraisal Shair Mohamad, Mohd Akram K Law (General) Legal Professional privilege, a single integral (whose sub-heads are legal advice privilege and litigation privilege) is not a mere procedural incident of the forensic but a fundamental condition on which the administration of justice as a whole rests. It has been described as a fundamental human right of any person to obtain skilled advice by the law. The privilege exists to ensure that there is a full and frank disclosure between lawyers and their clients which helps to promote broader public interest in the observance of law and administration of justice. In England and Australia, the courts have recently held that the privilege is absolute subject only to the narrowly defined exception of cases where the client is seeking legal advice in order to enable himself to better commits a fraud of crime. The privilege is an enduring privilege, unless the client waives it expressly or impliedly. the absolutist view of the privilege has not been accepted in Canada. The position in India, Malaysia and Singapore courts have restrictively interpreted their codes, instating that legal professional privilege can only be waived by the client, expressly and in writing. this article seeks to briefly discuss the nature of both aspects of legal professional privilege, whether it should be absolute and can be waived only expressly. LexisNexis 2015 Article PeerReviewed application/pdf en http://irep.iium.edu.my/48631/1/mlj_4_15.pdf Shair Mohamad, Mohd Akram (2015) Should legal professional privilege be absolute: a comparative appraisal. Malayan Law Journal, 4. cxvi-cxxv. ISSN 0025-1283 http://www.lexisnexis.com/my |
| repository_type |
Digital Repository |
| institution_category |
Local University |
| institution |
International Islamic University Malaysia |
| building |
IIUM Repository |
| collection |
Online Access |
| language |
English |
| topic |
K Law (General) |
| spellingShingle |
K Law (General) Shair Mohamad, Mohd Akram Should legal professional privilege be absolute: a comparative appraisal |
| description |
Legal Professional privilege, a single integral (whose sub-heads are legal advice privilege and litigation privilege) is not a mere procedural incident of the forensic but a fundamental condition on which the administration of justice as a whole rests. It has been described as a fundamental human right of any person to obtain skilled advice by the law. The privilege exists to ensure that there is a full and frank disclosure between lawyers and their clients which helps to promote broader public interest in the observance of law and administration of justice. In England and Australia, the courts have recently held that the privilege is absolute subject only to the narrowly defined exception of cases where the client is seeking legal advice in order to enable himself to better commits a fraud of crime. The privilege is an enduring privilege, unless the client waives it expressly or impliedly. the absolutist view of the privilege has not been accepted in Canada. The position in India, Malaysia and Singapore courts have restrictively interpreted their codes, instating that legal professional privilege can only be waived by the client, expressly and in writing. this article seeks to briefly discuss the nature of both aspects of legal professional privilege, whether it should be absolute and can be waived only expressly. |
| format |
Article |
| author |
Shair Mohamad, Mohd Akram |
| author_facet |
Shair Mohamad, Mohd Akram |
| author_sort |
Shair Mohamad, Mohd Akram |
| title |
Should legal professional privilege be absolute: a comparative appraisal
|
| title_short |
Should legal professional privilege be absolute: a comparative appraisal
|
| title_full |
Should legal professional privilege be absolute: a comparative appraisal
|
| title_fullStr |
Should legal professional privilege be absolute: a comparative appraisal
|
| title_full_unstemmed |
Should legal professional privilege be absolute: a comparative appraisal
|
| title_sort |
should legal professional privilege be absolute: a comparative appraisal |
| publisher |
LexisNexis |
| publishDate |
2015 |
| url |
http://irep.iium.edu.my/48631/ http://irep.iium.edu.my/48631/ http://irep.iium.edu.my/48631/1/mlj_4_15.pdf |
| first_indexed |
2023-09-18T21:08:55Z |
| last_indexed |
2023-09-18T21:08:55Z |
| _version_ |
1777411121148329984 |