Disqualification of Directors: A Plea for Competence
and subpoenas duces tecum are the compulsory instruments by which the courts secure the evidence necessary for the determination of the truth. It is no answer to a subpoena to say that one is bound in contract or in honour not to tell what the court wants to know. Legal professional privilege entitles lawyers and their clients to keep their communications to themselves. They are thus immune from compulsory process.25 However, once the material has got out, it should not be kept out of court on account of its confidential nature any more than would any other confidential information. Confidence as such has never conferred an exemption from testifying or from producing relevant documents.