126Privilege

126 Privilege (1) A legal practitioner is entitled to refuse to comply with a requirement under section 116 or 122 relating to a relevant document if— (a) the document contains a privileged communication made by or on behalf of or to the legal practitioner in his or her capacity as a legal practitioner; or (b) the legal practitioner is not able to comply with the requirement without disclosing a privileged communication made by or on behalf of or to the legal practitioner in his or her capacity as a legal practitioner. (2) The legal practitioner is not entitled to refuse to comply with the requirement to the extent that he or she is able to comply with it without disclosing the privileged communication. (3) The legal practitioner is also not entitled to refuse to comply with the requirement if the person by or on behalf of whom the communication was made or (if the person is a registered agency in the course of being wound up) the liquidator agrees to the legal practitioner complying with the requirement. (4) If the legal practitioner refuses to comply with the requirement, he or she must immediately furnish in writing to the Registrar— (a) the name and address of the person to whom or by or on behalf of whom the communication was made (if known to the legal practitioner); and (b) sufficient particulars to identify the document containing the communication (if the communication was made in writing). S. 127 inserted by No. 106/2004 s. 5.