Sentences with phrase «client privilege ensures»

Not exact matches

The Court went further in R. v. McClure and stated at para 35, «solicitor - client privilege must be as close to absolute as possible to ensure public confidence and retain relevance.»

One key area where the SFO has sought to redress the balance in its favour is legal professional privilege (LPP): a long - established legal principle which ensures that communications between clients and their lawyers remain confidential, facilitating the frank disclosure of information between them.

«I think it would be in everyone's interest to find some common ground and find a regime that is constitutional, that protects solicitor - client privilege, but also ensures that law firms don't end up being a loophole.»

«Because of the difficulties inherent in determining the extent to which the information contained in lawyers» bills of account is neutral information, and the importance of the constitutional values that disclosing it would endanger [i.e. such as the right not to self - incriminate], recognizing a presumption that such information falls prima facie within the privileged category will better ensure that the objectives of the solicitor - client privilege are achieved and helps keep impairments of solicitor - client privilege to a minimum,» the Supreme Court found in Maranda.

Further, if solicitor ‑ client privilege will be asserted, the employer should ensure that the information and materials are provided to counsel in order to obtain legal advice.

Given this, it would be prudent for employers and their counsel to take careful steps to establish solicitor — client privilege by contacting external specialized OHS counsel, and take steps to establish contemplated litigation privilege by ensuring that investigation materials are kept confidential, access is controlled and that they are segregated.

«Lawyers who send documents in electronic form to opposing counsel have a duty to exercise reasonable care to ensure that metadata containing confidential information protected by the attorney client privilege and the work product doctrine is not disclosed during the transmission process.»

President of the Law Society of England and Wales, Robert Bourns, who said: «Legal professional privilege is a fundamental part of the relationship that solicitors have with their clients — ensuring they can seek legal advice in confidence.

If it is important that privilege attach, in - house counsel must ensure that the appropriate steps are taken to establish solicitor - client privilege.

In order to ensure the public continues to benefit from an independent legal profession, together with the protection afforded by it (e.g. lawyer - client privilege, high ethical practice standards and security of trust funds and property), the Society's regulation will, as a matter of principle and as confirmed by the regulatory objectives, enhance public protection.

It is equally important to establish procedures at the outset of the representation to ensure the client preserves the broadest applicable privileges.

It covers potentially thorny issues such as client confidentiality, legal professional privilege, settling Grounds of Appeal, waivers of privilege, and the CACD's revised procedures aimed at ensuring that these duties are complied with.

[W] e request your support in preserving fundamental attorney - client privilege protections for all clients and ensuring that the proper policies and procedures are in place at NSA to prevent the erosion of this important legal principle.

It creates a statutory privilege (like the attorney - client privilege) that, except under limited circumstances, ensures that what is said during a collaborative divorce process can not be used against a spouse in court.

The core principle of the [Lavallee] decision is that solicitor - client privilege «must remain as close to absolute as possible if it is to retain relevance»:... This means that there must be a «stringent» norm to ensure its protection, such that any legislative provisions that interfere with the privilege more than «absolutely necessary» will be found to be unreasonable:... [ii]

In addition, the lawyer should stay abreast of technological advances to ensure that the storage system remains sufficiently advanced to protect the client's information, and should monitor the changing law of privilege to ensure that storing the information online will not cause loss or waiver of any privilege.

In its article «Professional Responsibilities when Using Technology», the Law Society of Upper Canada noted lawyers have an obligation to maintain confidentiality, i.e.: When using electronic means of communication (e.g. the Internet, cellular telephones, and facsimile machines) you must ensure communications with or about a client reflect the same care and concern for matters of privilege and confidentiality normally expected when using any other form of communication.

Each virtual receptionist is also trained in how to handle calls that are stressful in nature, while ensuring that client - attorney privilege is not broken and legal advice is not given.

«Included in this bill are critical provisions to strengthen and modernize the patent system, including: ensuring prior user rights under the new first - to - file system, preserving the sanctity of attorney client privilege, and adding needed misjoinder rules for litigation.