stating that the document exists and making it available to the other side

stating that the document exists or has existed

(1) no longer in control of party, (2) right/duty to withhold inspection, (3) it would be inadmissible

(1) no longer in control of party, (2) right/duty to withhold inspection, (3) disproportionate

(1) not required to permit inspection, (2) state that this is the case directly to the court who will then decide for itself

(1) not required to permit inspection, (2) state that this is the case and why in disclosure statement

(1) LEGAL ADVICE PRIVILEGE: Privileged whether or not litigation was contemplated/pending, (2) LITIGATION PRIVILEGE: Only privileged if litigation contemplated or pending

(1) LEGAL ADVICE PRIVILEGE: Privileged whether or not litigation was contemplated/pending, (2) LITIGATION PRIVILEGE: Only privileged after litigation begun

True

False

They are sworn or statemented to be confidential and written for professional purpose

They are sworn or statemented to be confidential

Whether the information to be disclosed would be relevant to the matters in issue

Whether disclosure and inspection was necessary for disposing faily of proceedings

No, while the privilege is protected absolutely, it is also narrowly defined

Yes, the test is whether the communicationor other document is made confidentially for the purposes of legal advice

The “client” for the purposes of the legal advice privilege consists only of those employees authorised to seek and receive legal advice from the client’s lawyer

The “client” for the purposes of the legal advice privilege consists only of any employee providing information for the purpose of it being communicated to a lawyer

True

False

Yes, such communications are privileged, whatever the purpose

Yes, such communications are privileged, whatever the purpose (except fraud)

When they come into existence through direction communication regarding litigation

When they come into existence after litigation is contemplated or commenced and made with a view to such litigation

Such documents are privileged only if they come into existence for the purpose of obtaining legal advice in existing proceedings

Such documents are privileged only if they come into existence for the purpose of obtaining legal advice in existing or anticipated proceedings

At the time when the document is brought into being

At the time when the client or solicitor comes into possession of the document

True

False