WE LIVE IN AN “all or nothing” WORLD sometimes, don’t we? For example, the legal world operates in this way around the issue of legal professional privilege (LPP) -the right to seek a legal opinion to protect the information and advice sought. But, there is a catch …

Give a little and you give it all away.

The problem is that you can give up LPP. This “privilege”, in other words, can be waived. Giving up LPP by disclosing information (even just a small piece of information) is a pretty silly business or personal practice and is often only recognized in hindsight.

To illustrate the matter, the Australian Wheat Board (AWB), in its dealings in Iraq, appears to have made important information, which may have been subject to the LPP at a later date, available for subpoena from the Federal Court; All because he disclosed the “ gist ” of his findings and advice to the Commonwealth Government and the United Nations Independent Investigation Committee (CII) after commissioning its own internal investigation into the scandal in 2003.[1]

Contrary to the many who might think that the law is an ass, it seems to me that the law is a complex system established on the ‘rules’ of wisdom, rules that can often seem invisible until it is ‘too late’, without it. crucial benefit of hindsight 20/20.

The heart of the matter seems to be around comments made regarding courses of action that may or may not be taken from the legal advice that is provided. Commenting that a particular course of action is taken because of advice would threaten LPP; information protection. The general message is: “The less said, the better LPP is protected.” Government personnel seeking legal advice are often referred to the State Attorney’s Office, so LPP can be protected. It’s almost a case of “‘getting advice’ before getting advice”.

In the biblical wisdom of Proverbs, King Solomon is credited with saying words to the effect of: “All who act wisely protect knowledge, but fools expose their folly.”[2]

Furthermore, Proverbs 14: 8a says, “The wisdom of the prudent is to think in his own ways.” And at the risk of overstating the point, we find it written again in Proverbs 12:23, “The wise keep their knowledge to themselves, but the fool’s heart lets out foolishness.”[3]

The central message seems to be that we can act in two ways[4] when it comes to knowledge. We can act in consideration of known factors and, more importantly, in consideration of possible unknown factors, or we can simply exercise some level of blind (bad) faith, which is implicitly unqualified in knowledge.[5] but it may rest on some other level of “truth”, for example, one’s (often) biased perception. This would be risky and by definition “silly”. This behavior is the direct opposite of diligence. In legal terms, we cannot afford anything more than a total commitment of diligence.

Thinking about your own paths implies humble honesty.[6] and a healthy vigilance and respect for the truth, or at least for the vision that one has of the truth, that is, perception. In other words, it is recognizing that one’s perception is often skewed, even slightly. In response, it is wise to think about your own paths; not doing so is dangerous. Considering a biased perception, wise advisers are crucial, that is, advice.

Perhaps the LPP illustration is really about having a forecast of the possible consequences; of future results. Isn’t foresight inherent in wisdom?

So what is the overall message here for us? We may not all be in a position to need or require LPP in our day-to-day affairs, however we often assert a particular position out of prudence, and that can have damaging consequences within a family or business context. We must learn to respect the knowledge and power of information, guarding the truth strongly and thus protecting relationships and, therefore, life.

Perhaps one more proverb would be an appropriate place to end: “The prudent see danger and take refuge, but the simple go ahead and pay the penalty.”[7]

© Steve J. Wickham, 2008. All rights reserved worldwide.

[1] R. King, “Loose lips sink privilege” in Government Risk Management (Vol. 8, Issue 15, August 2007) p. 8-9.

[2] See Proverbs 13:16 in today’s New International Version. The actual translation in the TNIV is, “All who are prudent act with knowledge …”

[3] Both 14: 8a and 12:23 are from TNIV.

[4] PE Koptak, VIN App Commentary: Proverbs (Zondervan, Grand Rapids, Michigan, 2003), pp. 343, 360, 375.

[5] The distinction here is that “knowledge” means something that is really true.

[6] Koptak Ibid., 340-43.

[7] Proverbs 22: 3 NIV IV.