February 28, 2018

Loose Lips Sink Cases: Confidentiality, Privilege, and the Implied Undertaking

Rebecca Buchanan

A lawyer has many duties to her client, one of which is to “…scrupulously guard, and not divulge or use for personal benefit, a client’s secrets or confidences” (Code of Professional Conduct for British Columbia).  A lawyer does not talk about her client or his case outside the courtroom or her office.  If she does, the consequences to the lawyer can be serious.  Likewise, if a client discusses the facts of his case with someone other than his lawyer, even with his own family members, the consequences for the client can be serious.  This blog post discusses the rules that…

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