Is there any case law where a client’s confidential information was disclosed to the solicitor prior to the formation of the solicitor and client relationship?

New Brunswick, Canada


The following excerpt is from Hayes v. New Brunswick (Justice), 2008 NBQB 112 (CanLII):

As for the submission that the document pre-dates the formation of the solicitor and client relationship, that is debatable at best because it could equally be said that it evidences the formation of that relationship. The point is moot in any event, in my view, because the privilege does not come into effect only after negotiations leading to the relationship are finalized. If it did then the client would be deprived of the privilege at the very time when it is most needed, when he or she is explaining the legal problem to a prospective lawyer. Moreover, if the client who decides not to retain a lawyer to whom he or she has revealed confidential information is not protected by the privilege then its usefulness would be severely undermined. In my view the privilege comes into effect “as soon as the potential client takes the first steps, and consequently even before the formal retainer is established.” See Descoteaux v. Mierzwinski 1982 CanLII 22 (SCC), [1982] S.C.J. No. 43; 1 S.C.R. 860.

Other Questions


What is the legal test for disclosing privileged information to a former client in a disqualification proceeding? (New Brunswick, Canada)
What are the alternative pleas in a claim for breach of contract, negligence and breach of fiduciary duties arising out of a solicitor-client relationship? (New Brunswick, Canada)
How have the courts interpreted privilege in letters between solicitor and client? (New Brunswick, Canada)
What is the meaning of the term “reprehensible” in the context of solicitor-client costs? (New Brunswick, Canada)
Is there a conflict of interest between a solicitor and his law firm? (New Brunswick, Canada)
What has not diminished over the course of a long-term parenting relationship? (New Brunswick, Canada)
Does a physician have a duty to disclose the material risks of an operation? (New Brunswick, Canada)
Can a motion to strike out a pleading be struck out on the grounds that it does not disclose a reasonable cause of action or defence? (New Brunswick, Canada)
Does a solicitor need to get a written retainer? (New Brunswick, Canada)
What is the duty of an underinsured motorist to be informed of coverage? (New Brunswick, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.