Question
Mr Edward Watson is acting for Ms Jill Young in a commercial dispute. Ms Young has an outstanding discovery order that she must comply with
Mr Edward Watson is acting for Ms Jill Young in a commercial dispute. Ms Young has an outstanding discovery order that she must comply with in two days. She has had several extensions of the order. Ms Young contacts Mr Watson and instructs him to claim legal privilege on 80 of the 100 documents ordered to be disclosed. Ms Young refused to give Mr Watson any details of the basis of the claim but simply said the documents are confidential and that he should just follow her instructions.
(Note: Discovery order is an order requiring a party to disclose information that is essential for the preparation of the requesting party's case and that the other party alone knows or possesses.)
Question: What is Mr Watson's ethical position and what advice should he give to Ms Young? (12 marks)
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