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What is client legal privilege?


Clients of immigration lawyers are afforded the common law right of client legal privilege. It is a right which is directed at protecting the administration of justice and the rights of individuals to obtain confidential legal advice.

The right of client legal privilege means that any information you give or words you say to your Immigration Lawyer is private and strictly confidential, held in the context of a lawyer-client relationship. This may mean that the information may be able to be shielded from testimony before a Court and the Department of Immigration and Citizenship. Client legal privilege is a right provided to clients of lawyers. Unfortunately, whilst clients of migration agents are entitled to confidentiality, clients of migration agents are not afforded the right of client legal privilege.

Note that there are a variety of circumstances where client legal privilege may be waived, including if the disclosure of the information may prevent a serious crime.

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