I am a witness in a criminal prosecution. I’ve had a few meetings with the government lawyer handling the case. Is what I tell her privileged (confidential between the lawyer and myself)?
Lawyer Answers (1): Answers from lawyers are general preliminary responses. They are not formal legal advice and cannot taken account of all your circumstances. They do not create a lawyer–client relationship.
Answer by Jo Wilson, Macleod 3085 VIC
- Legal professional privilege only arises in a lawyer-client relationship.
- It requires a lawyer to keep everything said by the client or known about the client confidential.
- A witness to a criminal prosecution is not a client.
- Anything said or done by the witness is therefore not confidential.
- Further a government lawyer acting for the DPP has a duty to disclose to the defence lawyers (make the defence aware) if a witness says anything that could materially affect the prosecution.