“In the context of legal professional ethics, the terms ‘confidentiality’ and ‘privilege’ are often used interchangeably. While these two terms may overlap in some respects, they remain two distinct concepts. The distinction between confidentiality and legal professional privilege is absolutely essential insofar as their differences ensure the proper functioning of the South African legal system, which is dependent on freedom of communication between legal practitioners and their clients”.
“The contractual duty of confidentiality and the common law doctrine of legal professional privilege are essential in maintaining the independence of the legal profession and in assuring clients that any information communicated between them and the legal practitioner will not be disclosed.
Confidentiality remains in effect infinitely while legal professional privilege must be claimed by the client and generally ensures that all communications between client and legal practitioner are not admissible in subsequent legal proceedings.
While FICA and the Tax Administration Laws Amendment Act 23 of 2015 present concerns for legal practitioners insofar as the doctrine of legal professional privilege is concerned, we remain hopeful that such concerns will be remedied in the near future; preserving this essential doctrine”.
I heard it through the grapevine: The difference between legal professional privilege and confidentiality: Kristen Wagner and Claire Brett first published in De Rebus in 2016 (Sept) DR 22.