McCowan v Wright, 1852 15 D 229 , CSOH
Citation: McCowan v Wright, 1852 15 D 229 , CSOH
Rule of thumb: Is lawyer & client privilege absolute? No, it only applies for pending litigation or actual litigation – otherwise a Court can order a lawyer to provide notes they have of this as evidence.
Judgment:
Lawyer and client confidentiality applies to consultancy between them or for contract negotiations, ‘...privilege is not (extended)... confined to pending, or contemplated, litigation’, Lord Wood at 237
Warning: This is not professional legal advice. This is not professional legal education advice. Please obtain professional guidance before embarking on any legal course of action. This is just an interpretation of a Judgment by persons of legal insight & varying levels of legal specialism, experience & expertise. Please read the Judgment yourself and form your own interpretation of it with professional assistance.