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THE doctrine of legal professional privilege comprises two categories. The first, “legal advice” privilege, protects communications between client and lawyer for the purpose of eliciting or giving legal advice. The second category, known as “litigation” privilege, concerns communications between a lawyer and a non-party, or a client and a non-party, if made predominantly in respect of litigation, criminal or civil, whether pending or contemplated, and whether in England or elsewhere. An example of this second category is a confidential “sounding” by a client or lawyer of a potential witness.
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