Communications with legal counsel in entity
128A.—(1)  A legal counsel in an entity is not at any time permitted, except with the entity’s express consent, to disclose any communication made to him or her in the course and for the purpose of his or her employment as such legal counsel, or to state the contents or condition of any document with which he or she has become acquainted in the course and for the purpose of his or her employment as such legal counsel, or to disclose any legal advice given by him or her to the entity, or to any officer or employee of the entity, in the course and for the purpose of such employment.
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(2)  Nothing in subsection (1) protects from disclosure —
(a)any such communication made in furtherance of any illegal purpose;
(b)any fact observed by any legal counsel in an entity in the course of his or her employment as such legal counsel showing that any crime or fraud has been committed since the commencement of his or her employment as such legal counsel;
(c)any such communication made to the legal counsel which was not made for the purpose of seeking his or her legal advice; or
(d)any document which the legal counsel was made acquainted with otherwise than in the course of and for the purpose of seeking his or her legal advice.
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(3)  For the purposes of subsection (2)(b), it is immaterial whether the attention of the legal counsel was or was not directed to that fact by or on behalf of the entity.
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(4)  Where a legal counsel is employed by one of a number of corporations that are related to each other under section 6 of the Companies Act 1967, subsection (1) applies in relation to the legal counsel and every corporation so related as if the legal counsel were also employed by each of the related corporations.
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(5)  Where a legal counsel is employed by a public agency and is required as part of his or her duties of employment or appointment to provide legal advice or assistance in connection with the application of the law or any form of resolution of legal dispute to another public agency or agencies, subsection (1) applies in relation to the legal counsel and the second-mentioned public agency or agencies as if the legal counsel were also employed by the second‑mentioned public agency or agencies.
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(6)  For the purposes of subsection (5), “public agency” includes —
(a)the Government, including any ministry, department, agency, or Organ of State or instrumentality of the Government;
(b)any board, commission, committee or similar body, whether corporate or unincorporate, established under a public Act for a public function (called in this subsection a statutory body);
(c)any other board, commission, committee or similar body appointed by the Government, or by a statutory body, for a public purpose.
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