Tuesday, February 18, 2014

Solicitor Client privilege applies during production orders

R. v. A.B.2014 NLCA 8:
[34]        Consequently, I conclude that it is the nature of the communications and the solicitor-client relationship that give rise to the need to protect a possible claim of solicitor-client privilege and not simply a particular physical location such as a lawyer's office.  The Trial Division judge did not err in finding that solicitor-client privilege was engaged even though the orders were not directed at the respondent's law office but rather at the use of cellular telephone and landline phone equipment belonging to the respondent and her brother, a lawyer, that was suspected of being utilized by the respondent's client at the respondent's residence over a two-and-a-half-day period. 

1 comment:

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