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This distinctly Canadian law textbook analyzes the exceptions to privilege, conditions where privilege is unclear, and situations of competing interests that might bring into question the application of privilege.
Solicitor-client privilege is the oldest and strongest legally-sanctioned safeguard protecting confidential communications. Yet, lawyers today know very little about the ways in which solicitor-client privilege can be overridden or rendered inapplicable. Most practitioners assume that all lawyer-client communications are protected – they aren't.
Solicitor-Client Privilege is the only Canadian textbook of its kind to explain key aspects of lawyer-client confidentiality. With a Foreword written by former Supreme Court of Canada justice Ian Binnie, this distinctly Canadian law textbook analyzes the exceptions to privilege, conditions where privilege is unclear, and situations of competing interests that might bring into question the application of privilege.
Especially useful is the examination of privilege in specific contexts, such as in civil litigation, administrative law, corporate settings, and government. Portable and immediately accessible, this useful hardcover book gives lawyers the answers they quickly need, and assurances as to when they can rely on solicitor-client privilege and when they can challenge it.
What This Book Features
Analyzes the impact of globalization and new technology on solicitor-client privilege
Discusses what constitutes privileged communication, and how it is interpreted by Canadian courts
This book provides in-depth coverage on every significant aspect of solicitor-client privilege, whereas other reference sources only provide a superficial treatment
Affordable, easily portable, this book serves as a quick reference guide for practitioners in all areas of law
Written by a Canadian professor of law who specializes in the study of solicitor-client privilege, providing expert insight into this fundamental aspect of legal practice
Who Should Read This Book
Legal practitioners – Find out when and how solicitor-client communications are protected, and the circumstances when privilege does not apply.
In-house counsel – When your only client is your employer, you will want to know the extent to which your communications – emails, reports, memos – are legally protected from disclosure.
Law schools, Law Firms and libraries – Obtain the latest reference source on the law of solicitor-client privilege, updated with current case law.
PART I – Origins, Justification and Evolution of the Privilege Chapter 1 – The Origins and Rationale of the Privilege Chapter 2 - The Evolution of the Privilege and its Related Doctrines
PART II – The Elements of the Privilege Chapter 3 – A Client Seeking Legal Advice Chapter 4 – The Professional Legal Adviser Acting in a Professional Capacity (a.k.a. "the Lawyer") Chapter 5 – Confidential Communications Chapter 6 – The Client Chapter 7 - Waiver Chapter 8 - Overriding the Privilege: Exceptions
PART III – The Privilege in Context Chapter 9 – The Privilege and Civil Litigation Chapter 10 - The Privilege and Administrative Proceedings Chapter 11 - The Privilege and the Corporation Chapter 12 - The Privilege and Government
Adam M. Dodek, B.A., J.D., LL.M., teaches at the Faculty of Law (Common Law Section) at the University of Ottawa. His areas of research include public law, the legal profession and legal ethics. A member of the Law Society of Upper Canada and the State Bar of California, he has practised law in San Francisco and Toronto, and clerked for the U.S. Court of Appeals, the Supreme Court of Israel and the Supreme Court of Canada. Between 2003 and 2006, he served as Senior Policy Adviser and then Chief of Staff to the Attorney General of Ontario. He is a founding member of the Canadian Association for Legal Ethics (CALE) and has advised lawyers, the Canadian Bar Association and the Federation of Law Societies on solicitor-client privilege issues. He is General Editor of our Canadian Legal Practice.
Adam was voted as one of the Top 5 Changemakers on The Top 25 Most Influential 2014 list in Canadian Lawyer Magazine.