solicitor-client privilege
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Disclosing documents to police does not necessarily entail a waiver of privilege, holds Quebec Appeal Court
A voluntary disclosure of a report protected by privilege to assist police in a criminal investigation does not quash the privileges attached to the document held the Quebec Court of Appeal in overturning a lower court decision, the latest indication that case law surrounding privilege continues to evolve, according to a legal expert. Continue reading
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Failure to protect solicitor-client privilege leads to acquittal of alleged Mafiosi
Two alleged Montreal Mafia leaders were acquitted of gangsterism and drug trafficking charges after Quebec Superior Court excluded wiretap evidence gathered by a joint police task force because they failed to put in place sufficient measures to prevent the interception of conversations between lawyers and clients. Why it matters: The decision provides guidance on electronic… Continue reading
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Total amount of legal fees not necessarily covered by solicitor-client privilege rules Quebec appeal court
The total amount of professional billings paid to lawyers working on a mandate for public bodies is not necessarily automatically protected by solicitor-client privilege ruled the Quebec Court of Appeal. In what is described as a precedent-setting ruling, the Quebec appeal court decision provides much-needed guidance and strikes a delicate balance between professional secrecy and… Continue reading
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Amount of legal fees no longer necessarily protected by solicitor-client privilege
The amount of legal fees paid to lawyers is no longer automatically deemed to be protected by solicitor-client privilege following a recent ruling by the Court of Quebec that appears to be in conflict with guidance given earlier this year by the Quebec Court of Appeal, according to some legal observers. Continue reading