It does not matter whether or not the client intends to waive privilege when she refers in a witness statement to the nature of legal advice she has received. The effect of the words, objectively construed, prevails even though they were drafted by the solicitor and neither the solicitor nor the client appreciated that the words would waive privilege over the legal advice. Lawyers should be on guard to protect their client from revealing their advice either in a witness statement or when giving oral evidence (Re D (a child) (2011) EWCA Civ 684).