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24 April 2015 / David Burrows
Issue: 7649 / Categories: Features , Personal injury
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Start the clock

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When does a contractual retainer arise & when does legal advice privilege apply, asks David Burrows

At what point in a case can it be said that what a person has said to a lawyer—solicitor or barrister—is covered by the confidentiality of legal advice privilege (LAP). At what point is the lawyer’s insurer on risk? Are these two dates the same; and is this the date from which a lawyer’s retainer contract operates?

In these times of close regulation where a lawyer’s every move—or so it often seems—is capable of review by a regulatory body a surprising feature of outcomes focused regulation (the style of the new SRA Code of Conduct 2011 ) is that the Solicitors Regulation Authority seems not to know when its regulatory reign over a lawyer begins. The regulators have no barometer of which I am aware by which they can measure the critical moment at which lawyers are clearly within their regulatory clutches; nor does the SRA regard itself as having any arbitral role in defining this point. It seems to have no means of defining when its own

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NEWS
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
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’
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
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
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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