WP Magazine

A Primer on Litigation
Privilege and Post-Event Investigations

By: Deborah Ikede, Associate Lawyer

Litigation privilege is fundamental to the proper functioning of our legal system. It allows for the adversarial process to function effectively as it allows parties to investigate facts and develop strategies knowing that this information is protected from disclosure. The courts have found that litigation privilege is meant to create a “zone of privacy” in relation to anticipated litigation so that litigants can prepare their respective cases in private without adversarial interference.