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Legal Professional Privilege (LPP) – Independent Counsel in relation to seized material

Purpose: To guide barristers instructed as Independent Counsel to advise on legal professional privilege in relation to seized material
Scope of application: All practising barristers
Issued by: The Ethics Committee
First reviewed: 01/01/2010
Last reviewed: 13/09/2021
Status and effect: Please see the notice at end of this document. This is not "guidance" for the purposes of the BSB Handbook I6.4.

Warrants to permit the search of premises are frequently obtained from the courts by UK law enforcement agencies. The search of such premises will be conducted with a view to seizing relevant material.

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Important Notice

This document has been prepared by the Bar Council to assist barristers on matters of professional conduct and ethics. It is not “guidance” for the purposes of the BSB Handbook I6.4, and neither the BSB nor a disciplinary tribunal nor the Legal Ombudsman is bound by any views or advice expressed in it. It does not comprise – and cannot be relied on as giving – legal advice. It has been prepared in good faith, but neither the Bar Council nor any of the individuals responsible for or involved in its preparation accept any responsibility or liability for anything done in reliance on it. For fuller information as to the status and effect of this document, please see here.

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