A rather long lecture I'm afraid! The last 20 minutes or so are a case study that may be better viewed on video - but will work on audio so I've left it there.
A rather long (sorry!) review of legal professional privilege and the duty of confidentiality. The last 15 minutes is a case study based on a 60 minutes episode
00:00 - Introduction
02:03 - History of LPP
07:35 - LPP as a human right
08:16 All privileged information is confidential, but not all confidential information is privileged
10:06 - Rationale of LPP
12:19 - Australian Law reform commission - Client privilege
13:33 - Sources of the Obligation
17:40 - Two limbs
18:20 -What is the purpose of the communication?
28:41 - Categories of the privilege – litigation privilege
29:24 - Communications covered
31:17 - Who can claim privilege?
35:30 - Waiver of privilege
37:17 - Scope of the Obligation: Confidential Information
39:40 - Evidence Act s.119: Litigation Privilege
39:50 - Evidence Act s.131A: Pre-Trial Processes
39:51 - Evidence Act s.131A: Pre-Trial Processes
40:00 - Case study - what would you do?
Technology, ethics & law
Recordings made for Technology, ethics & law classes for LLB students in 2023. Each 'season' is a week of Semester. These are now terribly out of date and will be deleted soon. Nothing in any of these recordings is legal advice.
Your lecturer
Cath Nolan is a lawyer, design thinker, founder and trusted advisor. Cath has taught various courses at RMIT University over the last 10 years in the Juris Doctor program and Master of Business Administration program - with experience in learning and teaching roles at other institutions. Cath is currently a Senior Knowledge Lawyer at Hall & Wilcox and has previously been a law firm partner, sole practitioner and in-house counsel.
Cath will release lecture and class material at the end of the week before the week in which you will have your tutorials (so, the lecture and class materials for week 1 will become available at the end of O-week, week 2 materials will be released at the end of week 1 and so on.