"What’s Privileged?"
What is the fundamental purpose of solicitor-client privilege?
To protect confidential communications between a lawyer and their client.
Name one scenario where a lawyer is allowed to break solicitor-client privilege.
If the client is planning a future crime or fraud
True or False: A client's identity is always protected under solicitor-client privilege
False – Generally, a client's identity is not privileged unless revealing it would disclose privileged legal advice.
True or False: A lawyer can disclose privileged information if they personally believe it is in the public interest.
False – Lawyers can only breach privilege under specific legal exceptions.
If a lawyer accidentally discloses privileged information, what must they do immediately?
Notify the client and take steps to minimize the impact
What must a lawyer do before disclosing confidential information under an exception?
Seek court guidance or client consent, if possible
Can solicitor-client privilege be claimed over non-legal advice given by a lawyer?
No, it only applies to legal advice.)
Name the three key requirements for solicitor-client privilege to apply.
Communication must be (1) between a lawyer and client, (2) for the purpose of seeking or giving legal advice, and (3) intended to be confidential.