What is Solicitor-Client Privilege?

The concept of solicitor-client privilege is a crucial legal principle that enables clients to confide in their lawyers with sensitive information. Given its significance to the client-lawyer relationship, it is essential for individuals to have a clear understanding of solicitor-client privilege.

When seeking legal advice, all conversations with your lawyer are privileged and confidential. This means that the lawyer you consult cannot disclose any information about your conversations with anyone outside the firm without your explicit consent. 

Communication can take various forms, including in-person meetings, phone calls, voicemails, emails, or text messages, and still remain confidential. It is important to note that solicitor-client privilege is not contingent on whether you have retained or paid the lawyer.

What are the Limitations to the Solicitor-Client Privilege

In the legal profession, solicitor-client privilege is a fundamental concept that enables clients to trust their lawyers with confidential information. However, not all communications between a lawyer and a client are considered privileged, as they must relate to legal advice. For instance, discussions about business or personal recommendations may not be protected by privilege.

Moreover, privilege does not apply to communications made with a view to obtaining legal advice to facilitate criminal activities. It is essential to note that access to legal information on a lawyer’s website does not automatically trigger a solicitor-client relationship.

It is also important to note that privilege belongs to the client and can only be waived voluntarily. A forced or unintended disclosure of privileged information does not waive the privilege. However, in limited circumstances, a lawyer may break privilege, such as when there is a clear, serious, and imminent threat to public safety or when the lawyer must disclose limited information to defend against allegations of misconduct.

What is the Duration of Protection for Solicitor-Client Communications?

Solicitor-client privilege is a privilege that is permanently protected, meaning that it continues to exist even if the solicitor-client relationship ends and the file has been closed. This privilege is so robust that, subject to a few exceptions (and only in the unique case where the validity of a will is in dispute), solicitor-client privilege can survive the death of the client.

What does the Solicitor-client privilege protect? 

Safeguarded by solicitor-client privilege are communications rather than pure facts. This implies that any spoken or written statements made to your lawyer will be protected as they are considered communications. 

However, the fact that you were seen visiting a lawyer’s office is not protected under this privilege as it is simply a fact and not a communication. Unfortunately, determining the line between facts and communications is not always straightforward. The key test is whether the fact is essential to the solicitor-client relationship and their communications. If the answer is yes, then it is covered under this privilege.

It is also important to note that solicitor-client privilege cannot be used to shield documents that existed before the solicitor-client relationship.  As this is a complex area of the law, mishandling it may have significant consequences. If you have any inquiries regarding what is covered by solicitor-client privilege, please contact our office for further assistance.

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To speak with Cory Wilson or arrange a free, no-obligation consultation with Wilson Criminal Defence, call 403-978-6052 or email us here.