England and Wales
In England and Wales, the rules on legal professional privilege are set out in common law. The Civil Procedure Rules 1998 ('CPR') Rule 31.15 establishes a right to inspect documents in civil litigation, and provide that a party to whom a document has been disclosed (i.e. mentioned or relied upon in litigation) has a right to inspect that document (if such inspection would be proportionate given the nature of the case) - except where the party making disclosure has the right to withhold such inspection.
One of these rights is legal professional privilege. It is a privilege that attaches to the client (not to the lawyer) in a client–lawyer relationship. It may only, therefore, be waived by the client. In the law of England and Wales, legal professional privilege is divided into two types: advice privilege, and litigation privilege, the former category being more absolutely and broadly-defined than the latter.
Read more about this topic: Legal Professional Privilege
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