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 the advice sought. But, there is a catch…
Give a little and you give everything.
The problem is that BVG can be waived. In other words, this ‘privilege’ can be waived. Waiving the LPP by disclosing information (even just a little information) is a pretty foolish business or personal practice and is often only recognized in hindsight.
To illustrate the point, the Australian Wheat Board (AWB), in its dealings in Iraq, appears to have made material information available to the Federal Court, which could have been subject to LPP at a later date; all because he revealed the “gist” of his findings and advice to the Commonwealth Government and the United Nations Independent Investigation Committee (IIC) after commissioning its own internal investigation into the scandal in 2003.[1]
Contrary to many who might think the law is a jackass, it seems to me that the law is a complex system built on the ‘rules’ of wisdom, rules that can often seem invisible until it is “too late”–without the crucial benefit of hindsight 20/20.
The crux of the matter seems to be around comments related to courses of action that may or may not be taken from the legal advice being given. 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 the LPP is protected.” Government personnel seeking legal advice are often referred to the State Attorney’s Office, so LPP may be protected. It’s almost a case of “getting advice” before getting advice.
In the biblical wisdom of Proverbs, King Solomon is credited with having said words to the effect of: “All who act prudently protect knowledge, but fools expose their folly.”[2]
Also, Proverbs 14:8a says, “The wisdom of the prudent is to consider their ways.” And at the risk of overstating the point, we find it written again in Proverbs 12:23, “The prudent keep their knowledge to themselves, but the heart of a fool lets foolishness escape.”[3]
The central message seems to be that we can act in two ways[4] when it comes to knowledge. We can act taking into account known factors and, more importantly, taking into account possible unknown factors, or we can simply exercise some level of blind (bad) faith, which is implicitly unqualified in knowledge.[5] but it can rest on some other level of ‘truth’, eg one’s (often) biased perception. This would be risky and by definition “foolish”. This behavior is the direct opposite of diligence. In legal terms, we cannot afford anything other than a total commitment to diligence.
Thinking about one’s own paths implies humble honesty[6] and a healthy vigilance and respect for the truth, or at least for one’s own vision 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 reflect on one’s own paths; not doing so is dangerous. Taking into account a biased perception, wise advisers are crucial, that is, advice.
Perhaps the LPP illustration is really about having a foresight of possible consequences; of future results. Is not 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 daily affairs, however we will often assert a particular position out of a lack of prudence, and that can have detrimental consequences within a family or business context. We must learn to respect knowledge and the power of information, guarding the truth well and thus protecting relationships and therefore life.
Perhaps another Proverb would be an appropriate place to end: “The prudent see danger and take refuge, but the simple continue 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, Iss. 15, Aug 2007) p. 8-9.
[2] See Proverbs 13:16 in Today’s New International Version. The actual interpretation in TNIV is, “All who are prudent act with knowledge…”
[3] Both 14:8a and 12:23 are from TNIV.
[4] PE Koptak, NIV Application Commentary: Proverbs (Zondervan, Grand Rapids, Mich., 2003), pp. 343, 360, 375.
[5] The distinction here is that “knowledge” means something that is actually true.
[6] Koptak Ibid., 340-43.
[7] Proverbs 22:3 NIV.
