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legal privelige

i have been asked to act for a friend, does privelige extend to me?  Mr Winch come in please

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24th Oct 2011 16:31

I can say with certainty . . .

I can say with certainty that I am not sure of the correct answer!

However the courts in England have appeared keen to limit common law legal professional privilege to communications with lawyers (it has not, for example, been extended to communications with accountants - even when offering guidance on the law).

So I would suggest you work on the assumption that common law legal professional privilege does not apply.

However PoCA privilege would apply, so you would not be obliged to make a report to SOCA under s330 PoCA 2002 / MLR 2007 based on the information supplied to you.  See s330(10)(c) PoCA 2002.

It could also be argued that, since you are acting in an unpaid(?) capacity and outside of an accountancy role, your activity does not fall within the 'regulated sector' in any event.

David

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24th Oct 2011 16:56

David you are a marvel

yes it was POCA i was concerned about , a mini loophole perhaps

thanks

nick

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24th Oct 2011 17:51

McKenzie friend

For the benefit of other readers, a "McKenzie friend" is a person who is not a lawyer acting as the litigant's legal representative but is a helper sitting (metaphorically and perhaps physically) at the litigant's elbow during the court proceedings offering words of advice and guidance in his ear but ordinarily not 'speaking' in the proceedings himself.

A McKenzie friend may, or may not, be legally qualified.

A McKenzie friend is therefore not playing the role of counsel (since counsel speak and question witnesses on their client's behalf and a McKenzie friend does neither) nor is the McKenzie friend a witness in the court proceedings.

In contrast my own role in court proceedings is to act as an expert witness on the instruction (usually) of solicitors acting for the defendant.

However the information which comes to me in that connection is also not reportable to SOCA by virtue of s330(10)(c) PoCA 2002.

David

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24th Oct 2011 18:11

a friend in need is a friend indeed

we thank you

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