Privilege Outside of the Lawyer/Client Communications:
Is extending this protection a good thing?
Presented on Wednesday, June 14, 2017
Privilege Outside of the Lawyer/Client Communications: Is extending this protection a good thing?
- Speakers:
- Erica Baron, Partner, McCarthy Tétrault LLP
- Malcolm Mercer, Partner, General Counsel, McCarthy Tétrault LLP
- Junior Sirivar, Partner, McCarthy Tétrault LLP
The tide is turning. No longer does solicitor/client privilege relate solely to lawyer-client communications. Canadian courts have extended “common-interest” protection against waiver to permit sharing privileged information with third parties and have found a limited “deal team” protection to permit information sharing with experts. The Canadian government has created a new statutory privilege for patent and trade mark agents that protects communications in the same way as solicitor-client privilege. A panel of experts will explore the development of these extensions, what they actually mean, and share insights on whether they make sense.
Each program qualifies for up to 1.5 hours of eligible educational activity or CPD/MCE credit under the mandatory education regimes in British Columbia, Ontario and Québec, 0.75 Hours of which specifically counts towards the Ethics/Professionalism requirement in British Columbia and Ontario. McCarthy Tétrault LLP has been approved as an Accredited Provider of Professionalism Content by the Law Society of Upper Canada.