Which statement describes a ground for withholding inspection on the basis of privilege?

• A. The document is no longer in the control of the party disclosing it
• B. Legal advice privilege
• C. The document would be disproportionate to the issues
• D. The document is irrelevant to the case

Answer: (B)

Grounds for withholding inspection include legal advice privilege, which protects confidential communications between a client and their lawyer made for the purpose of seeking or giving legal advice, and the documents created to convey or record that advice. Because the privilege keeps such communications confidential, they may be withheld from inspection even in dispute or discovery.

So a document containing a lawyer’s advice to a client, or a client’s communications to obtain that advice, stays privileged. By contrast, being out of the party’s control, or proportionality concerns, or irrelevance are not themselves grounds for privilege.