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The attorney-client privilege maintains the confidentiality of certain communications, made between attorneys and their clients, for the purpose of seeking or providing legal advice. The privilege protects communications made orally or in writing, in person or over the telephone, in letters or in emails.
Waiver by communicating with a third party ? Having a third party present when the communication is taking place is a common way to waive attorney-client privilege. Waiver can also occur if privileged information is disclosed to a third party at a later time.
Solicitor-client privilege is a cornerstone of the lawyer client relationship and has become a fundamental right in Canada. Privilege allows lawyers and clients to communicate freely and candidly, with the expectation that these communications will remain private.
Unlike a client's constitutional rights, which can only be intentionally and knowingly waived, the attorney-client privilege may be waived by a careless, unintentional or inadvertent disclosure.
Legal professional privilege (LPP) protects certain confidential communications from disclosure without your client's permission. LPP is a right not of lawyers but of clients. An assessment of whether LPP applies often requires delicate and difficult balances to be drawn.