All Communications With Are Strictly Confidential

All written or oral communications between a prospective client and are strictly confidential in accordance with the professional and ethical duties imposed upon lawyers throughout the world.

The purpoe of it is  to maintain the client’s confidence above all other concerns.

Communications between a client and a lawyer are in fact the only profession that has such strict rules of confidentiality.

While many people believe that what they tell their doctor or other such professional is confidential, and it usually is, it can still be compellable in evidence and be disclosed, while the same is not true of such communications with a lawyer.

In British Columbia the lawyer’s professional conduct of handbook in chapter 5, reads as follows:

1. “A lawyer shall hold in strict confidence all information concerning the business and affairs of the client acquired in the course of the professional relationship, regardless of the nature or source of the information or the fact that others may share the knowledge, and shall not divulge any such information unless disclosure is expressly or impliedly authorized by the client, or as required by law or by a court.”

The duty of confidentiality is so extreme that it survives the end of the legal relationship, and even survives death.

Chapter 5.4 of the same lawyers handbook states as follows:

4. “A lawyer shall preserve the client secrets even after the termination of the retainer, whether or not differences have arisen between them. ”

There are very few exceptions to this rule such as 5.12 providing that the lawyer may disclose information if the printer prevent death or serious bodily harm to any person.

Even then the lawyer is  required to only disclose the minimal information necessary.

Trevor Todd

Trevor Todd is one of the province’s most esteemed estate litigation lawyers. He has spent more than 40 years helping the disinherited contest wills and transfers – and win. From his Kerrisdale office, which looks more like an eclectic art gallery than a lawyer’s office, Trevor empowers claimants and restores dignity to families across BC. He is a mentor to young entrepreneurs and an art buff who supports starving artists the world over. He has an eye for talent and a heart for giving back.

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