Professional Documents
Culture Documents
Office
Legal professional privilege
protects searches of lawyer's
office as well - searches must
be done with lawful authority
and constitutionally
Practice in the UK where certain documents are
in dispute as to their privileged
status - during a search - they
are put in bag and sealed and
submitted to independent counsel
to resolve status if privileged - they are returned
forthwith
Financial Crimes
Money laundering ordinances
provide a number of investigative
tools to law enforcement
incl. requiring attorneys
to disclose confidential
information about clients may include court orders
production orders, monitoring
orders, customer information orders
and search orders
Lavalee v AG of Canada
[Supreme court of Canada
laid down certain guidelines
to apply to ensure
protection of privilege
material where
sezied from solicitor's offices]
Confidentiality
Financial
Crimes
Types
Legal Advice Privilege
Introduction
Attorneys have a duty to
keep client information
secret and private
unless othewise authorized
by the client
Canon TV(t)
[duty to keep
secret or confidence
of client from third party
unless done with consent
of client after
full disclosure EXCEPT the necessary
secrets to collect fees or
defend self from allegation
of wrongful conduct]
Remedies
Injunctive relief
(where breach
anticipated)
Damages
R v Derby
Magistrate's Court
[held that LPP is not an
interest to balance with other
public interest - alleged confession
by client to attorney was
immune from production
Litigation Privilege
Exception to Rule
B v Aukland District Law
- Fraud/Criminal
Purposes
Society
[PC held
that LPPwould
was a lead
Where
privilege
condition
tofundamental
illicit purpose
- legal
of the administration
professional
privilege
of justice and
couldnt bewill not
overriden by
law fraud
be allowed
tocommon
perpuate
or balanced against any
competing public interest
to compel production]
Ex parte Francis
v Francis
[will not be
allowed once client has
intention of furthering
criminal purpose - even
if lawyer has no similar
intention]