The actual circumstances of communication between a lawyer and a client, such as the date of disclosure and the identity of the persons copied on the correspondence, are also not privileged. Participants in a meeting with a lawyer, the length of a consultation and the documents that attest to it (e.g. schedule. B, appointment books) are not necessarily protected from mandatory disclosure.33 With respect to the royalty agreement between a lawyer and a client, these documents are generally discovered, unless such a discovery causes confidential communication with the client.34 The relationship between the lawyer and the client is well established. , is all communication protected? It depends, too. Basic solicitor-client privilege protects client communication with the lawyer. It also extends to reactive communications from lawyer to client. However, communication should not be as incomprehical as an oral or written act. On the contrary, the slightest action or inaction, such as a positive nod or total silence, can represent communication. 20 Regardless of how solicitor-client privilege is articulated, there are four fundamental elements that are necessary to establish its existence: (1) a communication; (2) between privileged persons; (3) with confidence; (4) for research, obtaining or legal assistance to the client.10 What happens if the communication is transmitted to third parties after a privileged exchange between the lawyer and the client? Have privilege been waived? Maybe. Unlike a client`s constitutional rights, which can only be voluntarily and knowingly waived, solicitor-client privilege may be waived by reckless, involuntary or involuntary disclosure27.27 A communication is protected by privilege only if it is purported to be confidential – that is, in the expectation that it is not disclosed outside the relationship between the lawyer and the client. Although there is not a single power over solicitor-client privilege, has been defined as follows: ” (1) If legal advice of any kind (2) is sought by a professional legal counsel in his capacity, (3) communications for this purpose, (4) with confidence (5) made by the client, (6) are permanently protected from disclosure by the client (7) (7) (7) ( 8) excluding protection.
8 A federal judge stated: “The prerogative applies only if (1) the holder of the alleged privilege becomes or wants to become a client; 2) the person to whom the notification was addressed (a) is a member of the bar of a court or is his subordinate, and b) acts as counsel in connection with this notification; (3) The communication refers to a fact which counsel (a) has been informed by his client (b) without the presence of strangers (c) in order to first obtain (i) notice or (ii) legal services or (iii) assistance in the context of a judicial proceeding, and not (d) for the purpose of committing an offence or unlawful act; (4) the prerogative (a) claimed and b) has not been removed by the customer.” 9 Unfortunately, it is not always so clear when there is a lawyer-client relationship.