What is privileged correspondence between a lawyer and a client?
British Columbia, Canada
The following excerpt is from Keefer Laundry Ltd. v. Pellerin Milnor Corp. et al., 2006 BCSC 1180 (CanLII):
Not every item of correspondence passing between a lawyer and client is privileged. Privilege can only be claimed document by document, and each document must meet the following criteria: (i) a communication between lawyer and client; (ii) that entails the seeking or giving of legal advice; and (iii) that is intended to be confidential by the parties. (Solosky v. Canada, supra.) Legal advice is not limited to explanations of law; it includes advice as to what a client should do in a particular legal context.
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