Does attorney-client privilege exist in Canada?

Canada decision, there are a number of important distinctions between the two privileges: Solicitor-client privilege exists any time a client seeks legal advice from a lawyer whether or not litigation is involved. Solicitor-client privilege applies only to confidential communications between client and lawyer.

How do I mark something as attorney-client privilege?

To be safe put “Attorney-Client Communication”, “Privileged and Confidential” or “Attorney Work Product” in the subject of the e-mail, or on privileged documents.

Are there exceptions to the attorney-client privilege?

Over time, courts have carved out three general exceptions to the attorney-client privilege, with the crime/fraud exception cited most. The other two involve a fiduciary exemption, which typically applies to trust and estate cases, and the “on the advice of counsel,” which would be used as a defense.

What is the difference between legal advice privilege and litigation privilege?

Litigation privilege is wider than legal advice privilege and can protect communications with and documents prepared by accountants and other non-legal advisers in preparation for arbitration.

What information is not protected by attorney-client privilege?

MATTERS NOT PROTECTED BY THE ATTORNEY-CLIENT PRIVILEGE The factual circumstances surrounding the communications between an attorney and a client, such as the date of the communication and the identity of persons copied on correspondence, are likewise not privileged.

Who is covered by litigation privilege?

Litigation privilege protects confidential written or oral communications between client or lawyer (on the one hand) and third parties (on the other), or other documents created by or on behalf of the client or his lawyer, which come into existence once litigation is in contemplation or has commenced and which is for …

What happens if an attorney violated attorney-client privilege?

The attorney has breached his or her duty to his client, and possibly committed malpractice. The attorney can be liable to the client for damages. And, as well-outlined above, the information is still privileged, and so it’s not admissible in court.

When does attorney client privilege do not apply?

Attorney-client privilege is complicated by an email or memorandum having multiple purposes. If, for example, the email is sent to the lawyer and somebody else is copied in, attorney-client protection may not apply. In other cases, lawyers may provide non-legal advice such as technical or scientific information.

How does solicitor-client privilege apply in Canada?

Solicitor-Client Privilege in law and in practice looks very different in other jurisdictions. In a globalized legal world, international pressures will impact on the Privilege in Canada and Canadian clients and lawyers will engage in transnational transactions or litigation where the Privilege will apply differently.

What is an attorney-client work product disclaimer?

1. Ensuring attorney-client privilege in more complicated circumstances 2. Ensuring that correspondence is seen to be of a legal nature An attorney-client work product disclaimer is defined in the same way across all jurisdictions.

What should be included in a privilege disclaimer?

Remember to include your title. In large document productions, title and label go a long way in staff catching potentially privileged documents before they go out the door. If the labeling and titling are done right, you can waive and produce without losing subject matter privilege. I wish it were easier.

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