If you’re a user of the Law Tram website, it’s essential to be aware of the risks associated with waiving Legal Professional Privilege (LPP) in Australia. LPP is a fundamental right that protects the confidentiality of communications between legal practitioners and their clients. Waiving this privilege can expose sensitive information to the opposing party in a legal dispute, which could potentially weaken your case. It’s a significant decision with potential repercussions, so one must understand the implications thoroughly before making such a choice.

Please read the following summary of LPP, but remember that Law Tram has taken steps to ensure that each of these risks does not apply to you when using the Law Tram platform. It is still important to understand the process and if you have any doubt whatsoever to seek independent legal advice prior to using the platform.

1.  Voluntary Disclosure:  The most direct way of waiving your LPP is by voluntarily disclosing privileged information to a third party. This could be done in a variety of ways, such as sharing it in a public setting or giving it to someone not involved in your case.

2.  Inadvertent Disclosure:  Sometimes, privileged information may be unintentionally revealed. This could happen due to a mistake, like accidentally emailing the wrong person or misplacing a document.

3.  Partial Disclosure:  If you disclose a part of your privileged information, you may be seen as waiving privilege for the entire subject matter. This is because Australian courts don’t generally allow for ‘cherry-picking’ of evidence – you can’t disclose only the information that supports your case while withholding the rest.

4.  Legal Proceedings:  In some instances, you may need to waive your LPP during legal proceedings. For example, if you’re claiming that you acted based on legal advice, you may need to disclose that advice to prove your claim.

5.  Statutory Requirements:  There may be statutory requirements that compel you to disclose certain information, thereby waiving your LPP. Always consult with your lawyer to understand any legal obligations you may have to disclose information.

6.  Use of Law Tram Service:  The primary purpose of the Law Tram service is to assist people in obtaining legal advice. By using the service, users agree that they are doing so in order to obtain legal advice, not from Law Tram directly, but from a lawyer who also uses the service to find clients to assist. Hence, it’s important to maintain the confidentiality of your communications with such lawyers to preserve your LPP.

7.  Sharing Details on Social Media:  In this era of digital communication, it’s crucial to remember that details regarding a client’s legal matter should not be shared on social media platforms. Doing so is likely to waive LPP, as these platforms are public and any information shared there is considered disclosed to a third party. Ensure that you keep all your legal discussions private and confined to direct communications with your legal advisor.

Remember, the decision to waive your LPP should never be taken lightly. Always consult with a legal professional to understand the potential implications of such a decision.