Get Guide To Best Practices - Barreau De Montr Al

The privilege belongs to the client, not the lawyer, and can therefore be waived only by the client. In the province of Quebec, a civil law jurisdiction, solicitor-client privilege is referred to as "professional secrecy".

Referral services are offered through various associations or groups. For example, the Bar of Montreal has a list of lawyers willing to meet with a client at a fixed rate for the first sixty minutes. The Bar of Quebec offers a referral service that can help you locate a lawyer in your area.

The Supreme Court of Canada has ruled in a number of cases that solicitor-privilege is almost absolute. Lawyers should consult with their client when any demands are made by third parties to disclose client information.

Common interest privilege (CIP) is a privilege that allows the sharing of otherwise privileged information between third parties without loss of the privilege. CIP can apply in both litigation and transactional contexts 14.

It prevents a lawyer from being compelled to testify against his/her client. The purpose underlying this privilege is to ensure that clients receive accurate and competent legal advice by encouraging full disclosure to their lawyer without fear that the information will be revealed to others.

The attorney-client privilege does not cover statements made by a client to their lawyer if the statements are meant to further or conceal a crime. For this exception to apply, the client must have been in the process of committing a crime or planning to commit a crime.