What is lawyer-client privilege?
British Columbia, Canada
The following excerpt is from Keefer Laundry Ltd. v. Pellerin Milnor Corp. et al., 2006 BCSC 1180 (CanLII):
Lawyer-client privilege, also termed solicitor-client privilege, is the “highest privilege” recognized by the courts because communications between lawyers and their clients are essential to the effective operation of the adversarial justice system. Clients seeking legal advice must be able to communicate with lawyers without fear that their communications may be disclosed to anyone else. Otherwise they are likely to censor themselves, and their lawyers will be unable to accurately discern the legal issues involved or provide adequate representation before and during trial. (Smith v. Jones, 1999 CanLII 674 (SCC), [1999] 1 S.C.R. 455, 62 B.C.L.R. (3d) 209 at paras. 44-47).
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Other Questions
Is there an implied waiver of privilege where a party waives privilege but takes a position in relation to privileged materials that is inconsistent with maintaining privilege? (British Columbia, Canada)
What is solicitor/client privilege versus client privilege? (British Columbia, Canada)
Is there any case law in which privilege has been abused in the context of privilege at bar? (British Columbia, Canada)
Is solicitor-client privilege established if a senior official of one of the parties gives evidence of solicitor client privilege? (British Columbia, Canada)
In a personal injury case, is it possible for counsel to provide a more detailed description of privileged material without disclosing privileged material? (British Columbia, Canada)
Is there any evidence that the privilege holder has a voluntary intention to waive the privilege? (British Columbia, Canada)
What is litigation privilege and what is the effect of litigation privilege on court-appointed and joint appointed experts? (British Columbia, Canada)
Is an independent statement privileged in the context of solicitor-and-client privilege? (British Columbia, Canada)
What is litigation privilege and what is the argument that litigation privilege means? (British Columbia, Canada)
What is the difference between qualified privilege and absolute privilege? (British Columbia, Canada)
