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There are three means by which documents can be redacted or withheld during the privilege review process: (1) attorney-client privilege; (2) the work product doctrine; and (3) joint defense privilege, also known as common interest privilege.
Litigation privilege protects, not just client communications, but communications between lawyers and third parties involved in the litigation as well. Unlike solicitor-client privilege, which has no expiry date, litigation privilege ends with the litigation.
Three types of possible privilege claims will be discussed below: solicitor-client privilege, litigation privilege and common interest privilege.
Generally, attorney?client privilege is seen as substantive law. See Republic Gear Co. v Borg-Warner Corp., 381 F. 2d 551, 555 n.
Canadian common law recognizes the concept of privilege as a shield that protects against the mandatory disclosure of much of the communication that passes back and forth between a lawyer and their client. The privilege belongs to the client, not the lawyer, and can therefore be waived only by the client.