LW 306 LEGAL ETHICS 'WEEK 13: TUTORIAL 11(REVISIDN} QUESTION 1 In Baker v Campbell (1983] 153 CLR 52 Gibbs CI noted: The reason why privilege is extended to confidential communications made by a client to his solicitor, and not to confidential communications made, e.g., by a patient to a doctor, a penitent to a priest, or a customer to a banker, is that the view has been taken that in the firstmentioned case the public interest requires that the private obligation of confidentiality be fullled, for a reason which has been explained in many cases of which Grant v Downs is one of the most recent in Australia. It is necessary for the proper conduct of litigation that the litigants should be represented by qualied and experienced lawyers, rather than they should appear for themselves, and it is equally necessary that a lawyer should be placed in full possession of the facts to enable him to give proper advice and representation to his client. This privilege is granted to ensure that the client can consult his lawyer with freedom and candor, it being thought that if the privilege did not exist ra man would not venture to consult any skillful person, or would only dare to tell his counselor half his case' Discuss the above quotation in the context of the common law doctrine of legal professional privilege. Question 2 "Surely it is the case that for the courts to administer justice they must know the truth. In these circumstances it is quite wrong that a lawyer who has been made aware, by way of confession, that his or her client indeed committed the crime, should hide this information from the Court and the prosecution." Discuss