CIVIL PROCEDURE BACK TO BASICS 27: WAIVING LEGAL PROFESSIONAL PRIVILEGE IN A WITNESS STATEMENT

January 29, 2019 · by gexall · in Civil evidence, Civil Procedure, Members Content, Witness statements

One matter that all litigators must be aware of is that there is a risk of waiving privilege when mentioning legal advice in a witness statement. This can (and does) happen even when the statement states, expressly, that the maker is not waiving privilege. Mentioning legal advice in a witness stat...

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