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FAQ59

Q59. I am a witness in court and I have been asked a question which, to answer, would breach my duty of confidentiality to my lay client. There has been no waiver. What should I do?

A59. You should put the court to the test. Raise the issue of privilege and ask the Judge to rule whether it applies in this case or not. If he rules that the evidence is not covered by legal professional privilege and requires you to answer the question, you should do so.