Herbert Smith Freehills launches new Legal Professional Privilege Online Tool in Australia

Herbert Smith Freehills’ market leading disputes and regulatory experts have today launched the Legal Professional Privilege (LPP) in Australia Online Tool.

“Legal Professional Privilege is a well-established common law right, but we often see the complexities of applying this theory in practice,” shared Ante Golem, Head of Disputes Australia at Herbert Smith Freehills.

An innovative solution for Australian lawyers and businesses, the Legal Professional Privilege (LPP) in Australia Online Tool is designed to help in-house lawyers quickly navigate the questions involved in assessing whether a document is likely to be privileged or not. It takes users through the analysis using a series of Q&As, with case-law informed notes that expand on different aspects of the test for privilege in Australia.

The tool was developed following positive feedback on the ‘decision tree’ version available at the law firm’s LPP in Australia Online Hub This new interactive product makes the analysis quicker, easier and more convenient for busy in-house lawyers seeking guidance.

Herbert Smith Freehills’ Disputes partner Andrew Eastwood said: “Privilege is an area where the legal test is quite straightforward, but applying it to the facts can be quite the opposite. We developed our decision tree, and now this digital tool, as a quick and easy reference for clients on the elements that need to be considered in assessing documents for privilege.”

“In a time of increased regulatory scrutiny and litigation risk for corporates, it is all the more important that businesses are well across the test for legal privilege – and don’t, for example, claim privilege over something that does not have legal advice (or litigation) as its dominant purpose. We hope the tool will be a handy addition to businesses’ arsenal in understanding and navigating the law of privilege.”