Is a lawyer’s client entitled to keep all communications with the client confidential?
Manitoba, Canada
The following excerpt is from R v Amsel, 2017 MBPC 52 (CanLII):
In Descoteaux v. Mierzwinski, 1982 CanLII 22 (SCC), [1982] S.C.J. No 43, at paragraph 71 Lamer J said: In summary, a lawyer’s client is entitled to have all communications made with a view to obtaining legal advice kept confidential. Whether communications are made to the lawyer himself or to employees, and whether they deal with matters of an administrative nature such as financial means or with the actual nature of the legal problem, all information which a person must provide in order to obtain legal advice and which is given in confidence for that purpose enjoys the privileges attached to confidentiality. The confidentiality attaches to all communications made within the framework of the solicitor client relationship, which arises as soon as the potential client takes first steps, and consequently even before the formal retainer is established.
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