What is litigation privilege?

• A. Communication between a paralegal and third parties involved in a case
• B. Communication between a judge and clerk
• C. Public statements by the defendant
• D. Emails among members of the jury

Answer: (A)

Litigation privilege protects confidential communications made for the purpose of conducting or preparing for litigation, and it extends to the people who help the attorney provide legal services. If a paralegal is involved in gathering facts, organizing documents, or otherwise assisting in delivering legal advice for the case, the communications between the client, the paralegal, and others necessary to prepare the case are kept confidential. The key factor is that the dominant purpose of the communication is to obtain or give legal services for the case, and it’s meant to be confidential.

That’s why a paralegal working with third parties on the case can be part of privileged communications. In contrast, communications that aren’t about providing legal services or that occur in public contexts—such as official court communications, public statements by the defendant, or private discussions among jurors—aren’t protected by litigation privilege.