Author
Solicitor-client privilege is a cornerstone of our legal system. Not only is it a legal and civil right, it is also a principle of fundamental justice. Once established, it acts as an impenetrable cloak of confidentiality, capable of being displaced only in narrow circumstances. For organizations and individuals that need legal advice to respond to risks or to plan business strategies, this cloak is an invaluable reassurance and a crucial factor in their ability to seek that advice.
The jurisprudence is clear that solicitor-client privilege must be “as close to absolute as possible,” and that it should only be disturbed when absolutely necessary. In 2023, courts across the country have shed light on the parameters of the doctrine — specifically, in the context of waiver and legislative abrogation — further affirming that solicitor-client privilege will only be disturbed in the clearest of cases.
