Displacement of legal professional privilege: facilitation of crime or fraud exception

• Main Authors: Shair Mohamad, Mohd Akram, Ramlee Saad, Zulfakar
• Format: Article
• Language: English
• Published: The Malaysian Current Law Journal Sdn Bhd 2015
• Subjects: K Law (General)
• Online Access: http://irep.iium.edu.my/48539/1/clj_15.pdf; http://irep.iium.edu.my/48539/; http://www.cljlaw.com/
• Institution: Universiti Islam Antarabangsa Malaysia

Where legal professional privilege attaches to communication between legal adviser and a client, the client is entitled to object to any third party seeing the communication for any purpose unless, (i) the client has agreed of waived his right, II) the advice is sought and given for a nefarious purpose, in furtherance of an illegal purpose. The brief article seeks to lay down the circumstances and the rationale where legal professional privilege does not apply and at the same time discussing the scope of exceptions.