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Better not call Saul

Legal professional privilege remains secure, despite recent attempts to chip away at the concept, say John Bechelet and Holly Pelham

2 June 2015

Saul Goodman, the dodgy American lawyer in US TV crime drama Breaking Bad, maintains extensive connections with the criminal underworld: removing evidence, money laundering, and otherwise facilitating his clients' nefarious activities.
He always insists on a small initial retainer to ensure that his schemes are cloaked with the protection of attorney-client privilege.

Goodman's English counterparts may not be as sleazy or as flamboyant but, in some cases, share his willingness to misuse legal professional privilege.

Deliberate obstruction

The renowned jurist Jeremy Bentham regarded lawyers as an obstacle to the administration of justice and believed legal professional privilege turned the lawyer into the accomplice of their client.

The Serious Fraud Office (SFO) and the National Crime Agency (NCA) also consider that legal professional privilege i...

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