Overview

Any recorded communication (for example, e-mails, taped phone conversations including voicemails, letters, memoranda and computer records) may have to be produced to the other party in any subsequent dispute or legal proceedings if the record is relevant to the proceedings.

One exception is where the record is privileged. Privilege can protect confidential communications between lawyers – both in-house and external - and clients where the purpose of the communication is to seek or obtain legal advice, known as legal advice privilege. It will also protect some confidential communications with third parties where there are actual or likely proceedings, known as litigation privilege.

Here, we present a flowchart and 10 golden rules designed to highlight the key points from an English law perspective, including some common pitfalls and, crucially, how to avoid them.

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