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There is a big danger of throwing the baby out with the bathwater.

So lets assume paralegal sits in on a conference with counsel. "Don't tell that bitch about my offshore accounts - that's my money and she's not getting a penny" says the client. Counsel instead of saying duty to the court, professionally embarrassed, etc. says "oh it'll be fine, she'll never know just make sure you don't get found out." Paralegal raises it with Partner, who gives the same answer.

I can see why the paralegal may have thought to send this information to the judge. And no doubt the court will wish to "bend" Legal Professional Privilege so as to enable this material to be considered.

But if you then end up with blanket exemptions from privilege for misconduct, or evidence of a crime, what then?

The old bill come and do a dawn raid on all the local firms to see if there's any evidence of crimes in the files? Disgruntled solicitors' employees who seem to think (as evidenced by the comments below) that they are entitled to training contracts start sending proofs of evidence to the CPS? Aggrieved spouses get ex-parte orders for Gmail to hand over the content of emails to / from their ex's solicitors?

What's the old expression, hard cases make bad law?

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