Generally speaking, communications made between clients and their lawyers are privileged. The main purpose of this solicitor-client privilege is to ensure that when a client speaks to his or her lawyer, all communications will be completely honest and open.
Moreover, the lawyer must be accurately and fully informed about all of the relevant facts and circumstances at issue, in order to provide the client with competent legal representation and address all of the client’s problems. Clients will also be more forthcoming with their lawyers if they know that their communications will be kept private. When you place your trust in the hands of the Calgary legal team at Bourdon Defence, you can rest assured that your communications about your criminal case will remain confidential. By keeping the confidential communication lines open between lawyers and clients, we can ensure you the best possible legal representation.
Types of Communications
The solicitor-client privilege protects most oral and written communications that occur between the client and the lawyer. The caveat is that these communications must be for the purpose of seeking, providing, or obtaining legal counsel. The privilege also extends to email communications between lawyers and their clients. Some communications, on the other hand, are not privileged or protected. Examples of these unprotected communications include:
- General information about litigation or the litigation process disclosed as part of an initial consultation with the lawyer
- Lawyer-client communications that occur in public
- Communications between a lawyer and his or her client that occur in a third-person’s presence (that is, a third person who has no relationship to the subjects or issues being discussed)
- Communications made at a meeting where the lawyer is merely in attendance and is not offering the client any specific legal advice
Steps Clients Can Take to Safeguard the Privilege
While it is not necessary to tell your lawyer every single thing, there are certain steps that you should take to help ensure that the solicitor-client privilege remains protected in your criminal case. For example, you should not share emails, voicemail messages, and other written and oral communications from your lawyer with others involved in your criminal case. You should not communicate with prosecutors or any other lawyers who are involved in your criminal case. If you believe that you may have accidentally breached the solicitor-client privilege, you should tell your lawyer immediately. He or she can then determine what, if any, actions they should take in order to rectify the potential breach.
Contact a Criminal Defence Lawyer in Calgary Today
The solicitor-client privilege is in place to ensure that client communications with lawyers remain confidential—especially in criminal cases. If you are facing Calgary criminal charges, the experienced lawyers at Bourdon Defence encourage you to communicate candidly with them, allowing for the best possible legal representation throughout your case. To schedule a free consultation and case evaluation with a knowledgeable Calgary criminal defence lawyer, please call us today at (403) 474-4143, or contact us online.