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12 February 2020 / Amanda Hamilton , Jane Robson
Issue: 7874 / Categories: Features , Profession
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It pays to be privileged

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Where do today’s professional paralegals stand when it comes to legal professional privilege? Amanda Hamilton & Jane Robson report
  • The significance of legal professional privilege.
  • Why is it not clear that privilege extends to the relationship between a client and their lawyer if that lawyer is a paralegal?
  • The grey area: no guarantees of legal professional privilege.

‘Are paralegals covered by legal professional privilege?’ My ears pricked up when this interesting and important question was raised in the office this week.

Well, those paralegals who work for solicitors and barristers are covered under their employer’s umbrella, but what about those paralegals who work as independent legal advisers? Where do they fall?

Under the Legal Services Act 2007, provision of legal advice is no longer a reserved activity (ie, one that can only be undertaken by an ‘authorised’ person or body, such as a solicitor, barrister, legal executive or actuary, etc). If you couple that with the virtual removal of the availability of legal aid, there has been a massive surge of professional paralegals

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NEWS
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NLJ this week: No such thing as a ‘Welsh seat’
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
NLJ this week: Jury reform risks justice for efficiency’s sake
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
NLJ this week: Crypto fightback offers ‘new frontier for law’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
NLJ this week: Time to revive the duty to report crime?
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
NLJ this week: When are experts truly ‘necessary’?
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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