What does the term "litigation privilege" allow parties to do?

Litigation privilege is a legal principle that protects certain communications and documents created in the context of litigation. Specifically, it allows parties to maintain confidentiality regarding discussions and materials that are prepared for or in anticipation of legal proceedings. This means that parties can have frank and open communication with their legal counsel and share sensitive information without the fear that it will be disclosed to the opposing party or used against them in court.

This privilege encompasses documents prepared specifically for legal advice or for the purpose of litigation, thus ensuring that strategic decisions and legal strategies can be developed without public scrutiny. The underlying purpose of litigation privilege is to promote a full and frank exchange of information between lawyers and their clients, which ultimately benefits the judicial process by allowing for effective representation.

Other options do not accurately capture the essence of litigation privilege. For instance, while sharing information freely without consequence might seem appealing, it does not reflect the protective nature of litigation privilege, which is specifically about maintaining confidentiality within a legal context. Gathering evidence is a distinct process governed by rules of procedure and evidence, which does not inherently include the protection of confidentiality that litigation privilege does. Finally, promoting settlements is an important aspect of litigation but is separate from the concept of litigation privilege, which focuses primarily on the confidentiality of communication rather than