Our Latest


Should I forward on legal advice that I have received to my opponent?

You have a dispute with another party (it could be an individual, company, partnership or other entity). You might be claimant or defendant, or a party to proceedings. You have taken legal advice which tells you that you have a great case. You think if you forward on this legal advice to your opponent it will resolve the dispute. This is likely to be a bad idea. If you still have a solicitor acting for you, they should tell you this.

In England (and Wales), communications that involve legal advice between a solicitor and its client, are protected by something called privilege. This means that a solicitor and client can discuss cases freely and openly. If you forward on communications between you and your lawyer, the privilege in the communication can be lost and once gone it doesn’t come back. This means that then all communications between your lawyer and you are open to being disclosed – this is something you might not want to happen. If your opponent knows the legal advice that you have been given this could prejudice your position in a case.

Disputes require strategic and tactical considerations to best protect your position. Privilege is a complex concept and requires in-depth analysis and professional understanding. A solicitor will know which documents are protected by privilege (it is not only documents that contain legal advice- there are other types of privilege too). You really don’t want to be handing over documents to your opponent that you are not legally required to.

It is a good idea to seek legal advice if you encounter a dispute or to support you through the process. SHU Law doesn’t charge legal fees*. Contact Becky at SHU Law (on 0114 225 6666 or 0114 225 5891) to discuss.


*Please note that disbursements are still payable.

< Back to News