Privilege and Waiver
Attorney - Client Privilege
  

January 06, 2021

 

5G Technology in India  

Seeking legal advice? Will your information be safe? Caught up in a dispute, and deliberating on a settlement? Will your discussions be admissible as evidence?

The Internal Investigations and White Collar Defence Practice Group at NDA bring to you a two-part journey of privilege and its waiver – where we take you through the general principles governing legal privilege, exceptions, and waiver of such privilege.

Internal investigations today take many forms, depending upon the nature and scope of the investigation and the potential implications cannot be ignored. Privilege assumes even more significance in this context. The concept of “privileged communication” has evolved over centuries and has often been a topic of debate. Broadly speaking, the over-arching rationale of legal privilege is to encourage the seeking of legal advice on a confidential basis. The key reason for maintaining such confidentiality is that the information should not be used to the detriment of the client, but rather only to advance the client’s interests. Another form of legal privilege is found within the ‘without prejudice’ principle, whereby confidential documents created or written in pursuance of a compromise or settlement related to a dispute are not admissible in court without prior consent of both the parties involved in such settlement proceedings.

In Part I, we discuss the much debated - client-attorney privilege and its underpinnings. While giving an overview of the contours of the waiver of such privilege in India, we also draw references from common law jurisdictions such as the UK and Singapore. The detailed research paper is available here.

Stay tuned for Part II of our series next week, where we will navigate through various aspects of the “without prejudice” rule, its applicability in different jurisdictions and waiver of such rule.

For any help or assistance please email us on concierge@nishithdesai.com.

Do visit us at www.nishithdesai.com.


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Legal500 Asia-Pacific: Tier 1 for Tax, Investment Funds, Labour & Employment and TMT
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AsiaLaw Asia-Pacific Guide 2020: Ranked ‘Outstanding’ for TMT, Labour & Employment, Private Equity, Regulatory and Tax

FT Innovative Lawyers Asia Pacific 2019 Awards: NDA ranked 2nd in the Most Innovative Law Firm category (Asia-Pacific Headquartered)

RSG-Financial Times: India’s Most Innovative Law Firm
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Who’s Who Legal 2019:
Nishith Desai, Corporate Tax and Private Funds – Thought Leader
Vikram Shroff, HR and Employment Law- Global Thought Leader
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Dr. Milind Antani, Pharma & Healthcare – only Indian Lawyer to be recognized for ‘Life sciences - Regulatory,’ for 5 years consecutively

Merger Market 2018: Fastest growing M&A Law Firm in India


Disclaimer

The contents of this publication should not be construed as legal opinion. View detailed disclaimer.

This Pubication provides general information existing at the time of preparation. The Pubication is intended as a news update and Nishith Desai Associates neither assumes nor accepts any responsibility for any loss arising to any person acting or refraining from acting as a result of any material contained in this Pubication. It is recommended that professional advice be taken based on the specific facts and circumstances. This Pubication does not substitute the need to refer to the original pronouncements.

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Proud Moments

Benchmark Litigation Asia-Pacific: Tier 1 for Government & Regulatory and Tax
2020, 2019, 2018

Legal500 Asia-Pacific: Tier 1 for Tax, Investment Funds, Labour & Employment and TMT
2020, 2019, 2018, 2017, 2016, 2015, 2014, 2013, 2012

Chambers and Partners Asia Pacific: Band 1 for Employment, Lifesciences, Tax and TMT
2020, 2019, 2018, 2017, 2016, 2015

IFLR1000: Tier 1 for Private Equity and Project Development: Telecommunications Networks.
2020, 2019, 2018, 2017, 2014

AsiaLaw Asia-Pacific Guide 2020: Tier 1 (Outstanding) for TMT, Labour & Employment, Private Equity, Regulatory and Tax

FT Innovative Lawyers Asia Pacific 2019 Awards: NDA ranked 2nd in the Most Innovative Law Firm category (Asia-Pacific Headquartered)

RSG-Financial Times: India’s Most Innovative Law Firm
2019, 2017, 2016, 2015, 2014

Research Papers

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